Unwersitj; of
n&v Hampshire
Ubmiy
JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
SPECIAL SESSION OF 1974
EVANS PRINTING COMPANY
CONCORD • NEW HAMPSHIRE
JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
SPECIAL SESSION OF 1974
Tuesday^ 19Feb74
CALL OF THE SESSION
Whereas, the welfare of the State requires the reconvening
of the General Court for the purposes of considering a capital
budget, food stamp legislation, a cost of living formula for state
retirees, financial relief to our cities and towns to help elderly
citizens and other taxpayers, time and one-half pay for all over-
time for state employees, and the energy crisis; and
Whereas, the Executive Department in calling such a ses-
sion intends a limited agenda of those items deemed very im-
portant to the welfare of the State;
NOW, THEREFORE, the Governor and Council, on mo-
tion duly seconded, hereby exercise their executive legislative
authority under Part 2, Article 50, of the New Hampshire Con-
stitution and summon the General Court to reconvene in
Special Session at 11:00 A.M. on Tuesday, February 19, 1974,
for the purpose of considering the above enumerated matters
affecting the welfare of the State.
Meldrim Thomson, Jr., Governor
With the advice of the Council:
Robert L. Stark, Secretary of State
Prayer was offered by Assistant Chaplain Father Francis J.
O'Connor.
May the blessing of God Almighty, the Father, the Son, and
the Holy Spirit rest upon us, and upon all our work and worship
done in His Name. May He give light to guide us, courage to
support us, and love to unite us, now and forever more. Amen.
2 House Journal, 19Feb74
PLEDGE OF ALLEGIANCE
Rep. Bell led the Pledge of Allegiance.
COMMUNICATION
Mr. J. Milton Street, Clerk
House of Representatives
Dear Mr. Street:
The folloAving Representatives-elect have appeared before
the Governor and Council and were sworn into office:
September 26, 1973, Hillsborough County Dist. 8
Armand A. Archambault, Goffstown
Jo Ellen Orcutt, Goffstown
Antonio J. Roy, Jr., Goffstown
November 14, 1973, Hillsborough County Dist. 30 (Manches-
ter, Ward 6)
Dorothy J. Dre^vniak, Manchester
Grafton County Dist. 14 (Lebanon, Wards 1. 2, 3)
Joanne L. Symons, Lebanon
December 12, 1973, Rockingham County Dist. 4
Paul A. Gibbons, Derry
January 2, 1974, Cheshire County Dist. 15 (Keene, Ward 4)
Muriel K. Cooke, Keene
January 23, 1974, Cheshire County Dist. 5
Augustine J. Marshala, Swanzey
Hillsborough County Dist. 26 (Manchester, Ward 12)
James A. Normand, Manchester
Strafford County Dist. 1 1 (Rochester, Ward 4)
Arthur Gagnon, Rochester
Robert L. Stark
Secretary of State
LEAVES OF ABSENCE
Rep. Palfrey, the day, illness.
Reps. Goodrich and Gary the week, illness.
Rep. Woods, indefinite, illness.
House Journal, 19Feb74 3
Reps. George E. Lemire and Erickson, the day, important
business.
Rep. Woodward, today and tomorrow, important business.
Rep. Saunders, the week, important business.
Rep. Estabrook, indefinite, important business.
RESOLUTIONS
Reps. George B. Roberts, Jr. and Coutermarsh offered the
following resolution.
Resolved, that the honorable Senate be notified that the
House of Representatives will be ready to meet the Senate in
joint convention at 11:30 o'clock for the purpose of receiving
his excellency the governor and any communication he may be
pleased to make, and that a joint committee of five consisting
of three on the part of the House and two on the part of the
Senate be appointed to wait upon his excellency and inform
him accordingly.
Adopted.
The Speaker appointed Reps. George B. Roberts, Jr.,
Coutermarsh and Bell.
Reps. George B, Roberts, Jr. and Coutermarsh offered the
following resolution.
Resolved, that the honorable Senate be notified that the
House of Representatives has assembled under the authority
of the call of a special session by the governor and council, and
is now ready to proceed with the business of the 1974 special
session.
Adopted.
Rep. Zachos offered the following:
Resolved, that in accordance with the list in the possession
of the clerk. House Bills numbered 1 through 35 shall be by
this resolution read a first and second time by the therein listed
titles, and referred to the therein designated committees.
Adopted.
4 House Journal, 19Feb74
INTRODUCTION OF HOUSE BILLS
First, second reading and referral
HB 1, making supplemental appropriations for expenses
of certain departments of the state for the fiscal years ending
June 30, 1974 and June 30, 1975 and making other budgetary
changes. (Drake of Coos Dist. 3 — To Appropriations) .
HB 2, making appropriations for capital improvements.
(Mann of Hillsborough Dist 3; Raymond of Cheshire Dist. 12
— To Public Works) .
HB 3, relative to establishment of a food stamp program
and making an appropriation therefor. (D'Allesandro of Hills-
borough Dist. 34; Gallen of Grafton Dist. 1; McLane of Merri-
mack Dist. 16; Sen. Trowbridge of Dist. 11 — To Public Health
and Welfare) .
HB 4, providing supplemental grants to families with de-
pendent children and making an appropriation therefor. (Brun-
got of Coos Dist. 8; McLane of Merrimack Dist. 16; Roberts of
Belknap Dist. 4; Gelinas of Hillsborough Dist. 31 — To Public
Health and Welfare) .
HB 5, establishing an emergency energy authority and mak-
ing an appropriation therefor. (Coutermarsh of Hillsborough
Dist. 24; LaRoche of Strafford Dist. 11 — To Executive Depart-
ments and Administration) .
HB 6, providing overtime pay for certain classified state
employees, and making an appropriation therefor. (Noble of
Merrimack Dist. 21 — To Executive Departments and Admin-
istration) .
HB 7, permitting municipalities to establish, acquire, main-
tain and operate public transportation facilities in cooperation
with governmental units of adjoining states and permitting
broader cooperation in furnishing of municipal services. (Cham-
bers of Grafton Dist. 13; Symons of Grafton Dist. 14; Hough
of Grafton Dist. 14 — To Municipal and County Government) .
HB 8, permitting the election of delegates to national party
conferences. (Hildreth of Belknap Dist. 7; Orcutt of Hills-
borough Dist. 8 — To Statutory Revision) .
HB 9, increasing the debt limit for the Londonderry school
district. (Boucher of Rockingliam Dist. 3 — To Education) .
House Journal, 19Feb74 5
HB 10, providing for a special license to hunt pheasants;
and authorizing the director of fish and game to implement a
buck law on a county, town, city or area basis, with the approval
of the fish and game commission. (Maynard of Rockingham
Dist. 18; Richardson of Coos Dist. 4; Hunt of Coos Dist. 2;
Huggins of Coos Dist. 1 — To Fish and Game) .
HB 11, to increase the salaries of state classified employees
and non-exempt employees of the university system and provid-
ing differential pay to classified prison employees and making
appropriations therefor. (Coutermarsh of Hillsborough Dist.
24; Roberts of Belknap Dist. 4; Sen. Nixon of Dist. 9 — To
Executive Departments and Administration) .
HB 12, conforming tax commission references in the cur-
rent use taxation law to the revised revenue administration laws.
(Nutt of Grafton Dist. 13 — To Executive Departments and
Administration) .
HB 13, repealing the termination date of RSA 357-B.
(Murray of Belknap Dist, 9 — To Transportation) .
HB 14, revising the management-employee relations law
for state employment. (Coutermarsh of Hillsborough Dist. 24
— To Labor, Human Resources and Rehabilitation) .
HB 15, relative to redistricting the ward lines of the city
of Laconia. (Huot of Belknap Dist. 6; Hildreth of Belknap Dist.
7 — To Special Committee — Laconia Delegation) .
HB 16, permitting public accountants to form a profession-
al association. (Plourde of Merrimack Dist. 7 — To Statutory
Revision) .
HB 17, increasing the mileage rate for all state employees
using privately owned passenger vehicles and making an appro-
priation therefor. (O'Connor of Strafford Dist. 15; Hildreth of
Belknap Dist. 7 — To Executive Departments and Administra-
tion) .
HB 18, requiring local approval prior to approval of site
plans for oil refineries. (Dudley of Strafford Dist. 4 — To Mu-
nicipal and County Government) .
HB 19, increasing the amount of political expenditures
authorized for candidates in primary and general elections seek-
ing the office of governor, U.S. senator, representative in con-
6 House Journal, 19Feb74
gress, governor's councilor, county officer, state senator or rep-
resentative to the general court. (McLane of Merrimack Dist.
16; Chandler of Merrimack Dist. 3 — To Statutory Revision) .
HB 20, increasing the interest rate of housing authority
bonds. (Bigelow of Merrimack Dist, 3 — To Statutory Revi-
sion) .
HB 21, relative to the duties of the state board of educa-
tion and prohibiting the expenditure of public moneys in non-
public schools unless said schools have program approval by the
department of education. (French of Belknap Dist. 1 — To
Education) .
HB 22, establishing a critical lands commission; providing
for the classification of certain land areas of the state as critical
and making an appropriation therefor. (Claflin of Carroll Dist.
4; Greene of Rockingham Dist. 17; Barrus of Sullivan Dist. 2;
Kopperl of Merrimack Dist. 9 — To Environment and Agricul-
ture and Resources, Recreation and Development) .
HB 23, continuing present city of Somersworth's elected
officials in office until next regular election and electing consti-
tutional convention delegates from old wards; and permitting
the city of Rochester to hold a referendum to abolish the police
commission and amend its charter. (Meserve of Strafford Dist.
7; LaRoche of Strafford Dist. 11 — To Municipal and County
Government) .
HB 24, permitting the use of changeable effective date des-
ignations, such as decals, on all motor vehicle and boat regis-
tration plates; authorizing the governor and council to establish
temporary speed laws; and exempting certain functions relative
to motor vehicles and highways from the provisions of the ad-
ministrative procedures act. (Hamel of Rockingham Dist. 11;
Woods of Rockingham Dist. 22 — To Transportation) .
HB 25, changing the reporting date for the study commis-
sion on the problems of unemployed citizens in New Hamp-
shire. (Hildreth of Belknap Dist. 7; Simard of Rockingham
Dist. 9 — To Executive Departments and Administration) .
HB 26, relative to guaranteeing a minimum adequate in-
come for the elderly, blind and disabled; and making an appro-
priation therefor. fSpirou of Hillsborough Dist. 27; Plourde
House Journal, 19Feb74 7
of Merrimack Dist. 7 — To Labor, Human Resources and Re-
habilitation) .
HB 27, relative to carrying a loaded pistol on an OHRV, as
defined in RSA 269-C. (Gorman of Rockingham Dist. 4 — To
Transportation) .
HB 28, authorizing Franklin Pierce College to grant the
degree of juris doctor. (French of Belknap Dist. 1 — To Edu-
cation) .
HB 29, relative to tuition payments for the definitions of
handicapped persons under the age of twenty-one and amend-
ing the appropriation for same. (French of Belknap Dist. 1 —
To Education) .
HB 30, relative to the civil commitment procedures in the
probate courts and detention and discharge procedures for the
mentally ill. (Roberts of Belknap Dist. 4; Currier of Hillsbor-
ough Dist. 15 — To Judiciary) .
HB 31, authorizing the public utilities commission to ac-
quire, as agent of the state, such railroad properties within the
state deemed to be necessary for continued and future railroad
operation for the benefit of the public, and making an appro-
priation therefor. (Hoar of Rockingham Dist. 8; Stevens of
Cheshire Dist. 1; Bigelow of Merrimack Dist. 3; Hunt of Coos
Dist. 2; Sen. Claveau of Dist. 14 — To Statutory Revision) .
HB 32, relative to the commission and taxes on pari-mutuel
pools at dog tracks. (Coutermarsh of Hillsborough Dist. 24 —
To Ways and Means) .
HB 33, relative to the Winnipesaukee River Basin Control.
(Roberts of Belknap Dist. 4 — To Resources, Recreation and
Development) .
HB 34, relative to energy facility evaluation, siting, con-
struction and operations and providing for a tax on refined
petroleum products. (Roberts of Belknap Dist. 4; Coutermarsh
of Hillsborough Dist. 24 — To Environment and Agriculture) .
HB 35, providing for twenty years retirement for members
of group II under the New Hampshire Retirement System, per-
mitting the transfer of members of the New Hampshire Fire-
men's Retirement System and of the New Hampshire Police-
men's Retirement System into the New Hampshire Retirement
8 House Journal, 19Feb74
System and making an appropriation therefor. (Coutermarsh
of Hillsborough Dist. 24; Roberts of Belknap Dist. 4 — To
Appropriations) .
RESOLUTION
Reps. George B. Roberts, Jr. and Coutermarsh offered the
following resolution.
Resolved by the House of Representatives that the speaker
after consultation with the minority leader, may cancel a sched-
uled meeting of the House in the event of a severe snowstorm
which would make it dangerous, in his opinion, for members
to come to Concord for the session, provided he makes notifica-
tion of such cancellation through the procedures set forth by
the emergency committee recommendations which were de-
veloped in the 1969 session. In case of such cancellation the
House shall meet on the following legislative day. Any member
who travels to Concord or who is already in Concord on legis-
lative business on any day that a meeting of the House is under
the authority of this resolution cancelled shall be entitled to
legislative mileage for such attendance on legislative business.
Adopted.
SENATE MESSAGE
Mr. Speaker:
Be informed that the Honorable Senate under the authority
of the Call of a Special Session by the Governor and Council
has assembled and is now ready to proceed with the business of
the 1974 Special Session.
RESOLUTION
Reps. Zachos and Coutermarsh offered the following resolu-
tion:
Be It Resolved by the House of Representatives, that the
Clerk of the House and the Assistant Clerk of the House shall
for the 1974 special session be paid the same daily compensation
that they received during a regular session.
Adopted.
RESOLUTION
Reps. Zachos and Coutermarsh offered the following resolu-
tions:
House Journal, 19Feb74 9
Resolved, that all action taken at all sessions of the House
of Representatives be recorded through the public address sys-
tem on tape, said tapes to be used by the House and the clerk,
within three legislative days, to confirm and correct the perm-
anent journal. The permanent journal as thus prepared by the
clerk or as corrected by the House shall be the official record
of the House, and be it further
Resolved, that the committee on the journal be authorized
to examine the permanent journal of the last three days of the
session, as prepared by the clerk, and with the approval of the
speaker and the minority leader to make corrections of the
same.
Adopted.
RECESS
JOINT CONVENTION
ADDRESS OF GOVERNOR MELDRIM THOMSON, JR.
Mr. President; Mr. Speaker; Honorable Members of the
General Court:
You gather here today in Special Session in response to a
call issued by the Governor and Council last October pursuant
to Part II, Article 50 of our Constitution.
When you adjourned last July there were faint whisper-
ings of a fuel crisis to come. Heeding these warnings, I had ap-
pointed in June an Energy Council, headed by former Gover-
nor Lane Dwinell.
Later in the fall the predicted fuel crisis became real. For
a time we thought of calling a special session before the end of
the year to consider modification of daylight time, lowering our
speed limits, and placing emergency powers in the hands of the
Governor and Council.
Congress, following the leadership of the President, re-
stored daylight savings time and lowered speed limtis. And we
found that the Governor and Council possessed adequate powers
to cope with a fuel crisis under the provisions of RSA 339:39.
However, we still faced some hard decisions requiring legis-
lative implementation. These included action on a food stamp
10 House Journal, 19Feb74
program, reconsideration of a capital budget, and a supplemen-
tal operating budget to provide for the rapid increase in the
costs of fuels and foods for public institutions.
Hence, I am glad that you have returned to the State House
to help share the tough decisions that must be made to serve
responsibly our people.
The challenges of this session cut across partisan politics.
They require that you and I labor in harmony, reason together,
and be wise in the use of the limited resources at our disposal.
The Economy
We anticipate a surplus of $13 million in the operating
budget for the current fiscal biennium.
In the 53 bills and one Joint Resolution approved by the
joint Rules Committee you are asked to spend $81 million —
$34 million for expenses in the biennium and $47 million for
items to be financed by borroAving!
When you left here last summer the economic climate was
fair. You had met more generously the needs of our people than
at any prior time in our history. Our budget was in balance and
we anticipated a small surplus.
Since then the winds of fortune have shifted full course. We
now stand in the midst of a severe economic storm that promises
to grow worse before its clouds are dissipated.
Our unemployment stands at 5% up from 4.5% for the
same time last year. The cost of living has skyrocketed.
Our revenues from highway tolls and gasoline are down
drastically. Our ski areas and the tourist business generally have
suffered their worst season.
Gasoline, fuel oil, and electricity are only a few of the es-
sential items of our American way of life that are in short sup-
ply. Until the acute energy crisis is solved, which experts tell
us is at least six years down the road, Americans will have to
work harder than ever and make do with less.
We must live for a few years as conservationists while shift-
ing the cumbersome gears of the free enterprise system to ful]
speed on production.
House Journal, 19Feb74 11
America's horn of plenty is empty. We cannot refill it by
economic gimmickry such as building budgets on speculative
full employment or by borrowing from empty pockets.
Prosperity will return to our land only when we extinguish
the raging flames of inflation by producing through hard work
more than we consume. Legislative programs and appropriations
are no substitute for the productivity of the free enterprise sys-
tem.
Taxes
This is no time to think of raising new taxes or the rates
on current ones.
Nor should we jeopardize the future of our children by
borrowing their anticipated substance to alleviate the results
of our own mistakes.
We must live within our present revenues.
We must tighten the belt on state spending.
At a time when the limited dollars in the pockets of our
citizens buys less fuel, food and other necessities of life, our
taxpayers will not tolerate the intrusion of the cotton-picking
fingers of new tax collectors.
Revenues and Budgets
Our general revenue, unrestricted funds through January
were running close to anticipated levels.
In this category we had received by January 31st, 59% of
the $124 million estimated by the Legislature for fiscal 1974.
This was $4 million more than for the comparable period of
fiscal 1973.
We are in trouble on our restricted funds such as fish and
game licenses, road tolls, gasoline taxes, and at the state-owned
ski areas. However, revenues from these sources could improve
with an equitable allocation of gasoline to New Hampshire in
particular, and to New England generally.
Supplemental Budget
In preparing a supplemental budget for the current bien-
nium we should try to limit it to $10 million and thus reserve
12 House Journal, 19Feb74
an anticipated surplus of $2 to $3 million for the unexpected
contingencies which our uncertain economy might hold.
HB 1, the supplemental budget, would appropriate $11
million.
Energy and inflation requests from state agencies accounts
for almost $7 million. Revised figures suggest that original ener-
gy estimates might be excessive by $1 million.
The second large item in HB 1 is a |4 million general fund
increase of AFDC welfare payments.
When studying this request for welfare, I would hope that
legislators would weigh carefully the unprecented increase in
welfare costs for New Hampshire taxpayers.
For fiscal 1972-73 the total welfare bill was $91 million of
which $28 million was raised directly from state taxes.
This was increased for the current biennium by $15.4 mil-
lion to $106 million.
And, if Governor and Council or the Legislature act affir-
matively on either requests of the Welfare Division now before
each, we will have to add another $10 million for a revised total
welfare cost of $116 million. About $37.6 million of this will
come from state taxpayers.
Capital Budget
The bonded indebtedness of the state at the beginning of
this fiscal year was $136 million.
As we consider a capital budget that requires bonding we
should bear in mind two important factors —
1. If we borrow $33 million as contemplated by HB 2 we
may have to pay a high interest rate of 4.7 percent or more; and
2. Any part of it that is used to construct new state build-
ings will sharply increase our maintenance costs due to the
energy crisis.
I would strongly urge that we cut back severely on plans
to add new buildings for the University System. In the light
of availability of space in private colleges, we should carefully
re-evaluate the present need for more space in our public insti-
House Journal, 19Feb74 13
tutions of higher learning before plunging into new and costly
construction.
Although the total of HB 2 is $2 million less than the capital
budget of the last session, you should bear in mind that the
maintenance item of $1 million and the Mt. Washington Au-
thority item of $3 million have been filed as separate bills.
Thus the proposed new capital budget is in fact $2 million
higher than the old one, if you were to include these two sep-
arate items; and it is $2 million higher in the amount of bonds
to be authorized.
The proposed capital budget is much too high for these
perilous and uncertain economic times. I would hope that you
could trim it substantially.
There are those who say that the veto of the capital budget
last year will eventually cost the state some extra S6 million in
higher construction costs and interest.
This is a false argument built upon the premise that we
cannot reconsider and revise the elements of that exorbitant
capital budget. Further, it overlooks the fact that in the past,
construction contracts have generally been let a year to a year
and a half after the budget was passed.
The capital budget of last year does not need padding, but
rather pruning!
State Employees
Our state employees would like a substantial increase in
salaries that would cost the state $9 million. During the current
fiscal year they received a 4 percent increase. Next July they will
receive a further increase of 4 percent from an appropriation
already made.
The only way any kind of increase in salaries could be
made, short of new taxes, would be to cut back on authorized
but unfilled new positions.
At the last session we cautioned against the abnormal in-
crease in state positions proposed by the Legislature.
For fiscal 1974 there were 555 new jobs authorized and for
1975 another 118 were added.
14 House Journal, 19Feb74
Of the 555 new jobs scheduled to be filled in the current
biennium 359 have been released to date, although 85 of these
positions are still unfilled.
Thus, the Legislature in its wisdom could consider cutting
back by several hundred the positions it authorized last year
and save up to $2 million.
Such funds could be applied to a further raise in salaries of
state employees beginning next July.
Food Stamps
The Surplus Food Program of the Department of Agricul-
ture will come to an end on July 1st.
At present this program is providing food assistance to
about 22,000 New Hampshire persons with a value of about
S2.5 million per year.
HB 3 would authorize a Federal Food Stamp Program for
New Hampshire.
For the balance of this fiscal biennium it would cost $2
million just for administration — $400 thousand for the rest
of this fiscal year and $1.6 million for fiscal 1975. About 40 per-
cent of this would come from state funds.
It would add more than 100 new employees to the already
swollen ranks of our welfare bureaucracy. It would be admin-
istered from Concord by the Welfare Division.
Under this program up to 60,000 persons would receive
food stamps. They would pay approximately 80 cents for every
dollar's worth of food purchased.
Those already on welfare would receive their food stamps
in addition to current welfare payments.
And to be sure that this give-away program grows in recipi-
ent members and in cost to the taxpayers, it contains its own
built-in advertising program known as Out-Reach. Thus, with
tax dollars the program would solicit people to join.
It is even estimated that with the initial adoption of food
stamps in New Hampshire several thousand college students
could join the program.
We shall suggest a substitute for food stamps. It would cost
House Journal, 19Feb74 15
about $2.5 million for fiscal 1975 and serve approximately the
same number of persons who now receive surplus food.
We would use the present New Hampshire Distributing
Agency for the distribution of food vouchers, thus avoiding the
need for new employees. The vouchers would be distributed
through the counties and cities to the towns much as surplus
food is now.
A state food voucher program would have the advantage of
low overhead costs. Most important of all, it would be admin-
istered by local officials who are close to the people and are in
the best position to know of and to respond to their genuine
needs.
We recently discussed such a program with a number of
County Commissioners and found them overwhelmingly in
favor of a state food voucher program.
Railroads
When we first took office we abandoned the position of the
prior administration of absolute opposition to all proposed rail-
road abandonments and entered into negotiations with the Bos-
ton and Maine to see what could be salvaged.
We took a firm stand against abandonment of lines needed
to service established firms for ^vhom truckins: would be an
impossible substitute.
These negotiations were carried on by Commissioner
George Gilman and our Legal Counsel, Charles Douglas. They
have reached a point where the Boston and Maine will pay to
the state in back taxes about $1 million which we in turn would
use to purchase the rights-of-way and some trackage of lines to
be abandoned.
This would be a xvash item, costing the citizens nothing,
and by which the state would acquire title to several rail lines
that would be abandoned.
In view of the present uncertainties affecting all railroads
under the new Railway Act, we believe that HB 31, that would
put the state in the railroad business at an initial cost of $8
million is — to speak most charitably — premature and should
be sent to further study.
16 House Journal, 19Feb74
Such a study might well show that the Transportation Au-
thority, recently created by the Legislature with my support,
should be the agency charged with railroad matters.
Refinery
In this bleak hour of the energy crisis, New Hampshire is
singularly blessed with the prospect that a refinery may locate
here.
An oil refinery such as that proposed by Olympic Refinery,
Inc. could be an even greater economic boon to our state than
Pease Air Base.
The question should not be whether New Hampshire
would tolerate the Olympic Refinery.
The question should be do New Hampshire citizens want
energy enough to throw out the welcome mat to Olympic.
After all, how often does a vital unit in the American econ-
omy indicate that it is willing to spend $600 million in one
state to produce that most precious commodity in the winter
of '74 — energy?
A refinery that would —
— be the largest in the nation
— be clean as a clinic
— cost more than a half billion dollars
— engage 800 to 1000 employees in high paying jobs
— create 3000 support jobs
— be able to provide all the oil needed by New Hamp-
shire and most of that for New England, and
— meet all environmental standards on land, sea and in
the air,
must of necessity add greatly to the prosperity and comfort of
the people of our state. In terms of progress it would place New
Hampshire on the threshold of the 2 1st century.
Just as there is a tide in the affairs of men which if taken
at the full bears on to fortune; so too, is it with states.
The tide for a refinery now runs full. Let us embark on
the voyage that could bring success to New Hampshire.
House Journal, 19Feb74 17
Honored Members of the General Court, we face crucial
problems that require the best from each of us for their success-
ful resolution. Others who have labored in this hallowed hall
in the past century and a half have succeeded. So, too, will we.
While I may not agree with you in all legislative matters
that you might have under consideration, please do count on
my sincere and friendly effort to cooperate in every way possible.
May your work rebound to the credit of New Hampshire!
On motion of Sen. Foley the Convention arose.
The Speaker ordered the Governor's address to be printed
in the Journal.
HOUSE
Rep. Drake addressed the House relative to the fiscal affairs
of the State.
COMMUNICATION
Hon. James E. O'Neil
Speaker
House of Representatives
Dear Mr. Speaker:
Through you I wish to thank all of the members of the
House for the purse presented to me at the closing of the Session.
Your thoughtfulness was most appreciated.
Sincerely,
Eileen Smith
State House Nurse
RESOLUTION
Reps. George B. Roberts, Jr. and Coutermarsh offered the
following resolution.
Be It Resolved by the House that the rules of the 1975
session of the House, as amended in accordance with the copy
distributed to all members and now in their possession, be
adopted as the rules of the House for the 1974 special session.
Rep. Roberts explained changes in the House rules.
18 House Journal, 19Feb74
(discussion)
Rep. Horan offered an amendment.
The clerk read the amendment in full.
Rep. Horan spoke in favor of his amendment.
Reps,. Coutermarsh and Roberts spoke against the amend-
ment.
Amendment lost.
Resolution adopted.
CHANGES IN HOUSE RULES
New 32 (v) It shall be the duty of the Committee on Ways
be in order only when given to the House in open session prior
to adjournment on the same day on Avhich the vote was passed
or on the next day on ^s^hich the House shall be in session with-
in one-half hour after the convening of the early session and any
such notice of reconsideration shall be effective only for the next
legislative day and thereafter shall be null and void.
New 28 (v) It shall be the duty of the Committee on Ways
and Means to examine and take into consideration the state of
the treasury, to consider and report on all bills and resolutions
relating to raising money by a state tax, the apportionment of
the same, and all other methods for raising revenue for the state.
They shall consider and report periodically to the House upon
every other subject concerning the financial interest of the state.
Omit paragraph 2, Rule 32 (a)
New 38. All petitions, memorials and other papers ad-
dressed to the House and all bills and resolutions to be intro-
duced in the House shall be delivered or caused to be delivered
to the Office of Legislative Services by the person presenting
them. Legislative Services shall prepare the bills, resolutions, pe-
titions, memorials and other papers in proper form and shall
present the same to the member for signature. Legislative Ser-
vices shall give precedence in drafting legislation to any measure
which carries an appropriation and all such legislation shall be
prepared for signature by the sponsor.
New 43. A hearing shall be held upon each bill referred to
a committee, and notice of such hearing shall be advertised at
House Journal, 19Feb74 19
least one day in the Calendar of the House, When requested by
the President of the Senate, the Speaker may authorize and
direct the appropriate House Committee or committees to sit
with the appropriate Senate committee or committees at a
public hearing of any Senate bill, and no further public hearing
on such bill shall be required when such bill is subsequently
received in the House from the Senate.
Omit paragraph 2, Rule 43.
57 Omit.
58 Omit.
59 Omit.
Reps. Zachos and Coutermarsh offered the following resolu-
tion.
HOUSE CONCURRENT RESOLUTION
Be It Resolved by the House, The Senate Concurring, that
the actions of the rules committees of each house and the joint
rules committee in granting approval for drafting, preprinting,
and introduction of bills, joint resolutions and concurrent reso-
lutions to amend the constitution are hereby legalized, ratified,
approved and confirmed; and the scheduling and holding of all
hearings by said committees as printed in the calendars of both
houses and today distributed to all members are also hereby
legalized, ratified, approved and confirmed and any rule requir-
ing any different notice of such scheduling is hereby suspended.
The clerk read the resolution in full.
Rep. George B. Roberts, Jr. explained changes in the joint
rules.
(discussion)
Rep. Horan offered an amendment.
The clerk read the amendment in full.
Rep. Horan spoke in favor of his amendment.
Reps. Coutermarsh and Roberts spoke against the amend-
ment.
Amendment lost.
20 House Journal, 19Feb74
Rep. Daniell offered an amendment.
Amend proposed joint rule No. 23 by striking out the same
and inserting in place thereof the following:
Rule No. 23. No action may be taken in either house on
any committee of conference report until a copy of said report
has been delivered to the seats or placed on the desks of all
members. A committee of conference may neither change the
title of any bill submitted to it nor add amendments which are
not germane to the subject matter of the bill as originally sub-
mitted to it.
The clerk read the amendment in full.
Rep. Daniell spoke in favor of his amendment.
(discussion)
Reps. Sayer, Gerry F. Parker and George E. Gordon spoke
in favor of the amendment.
Reps. George B. Roberts, Jr. and Scamman spoke against
the amendment.
Rep. T. Anne Webster requested a division.
146 members voted in the affirmative and 146 in the nega-
tive.
Rep. Sayer challenged the vote.
158 members having voted in the affirmative and 155 in
the negative, the amendment was adopted.
Resolution adopted.
SENATE MESSAGE
INTRODUCTION OF SENATE BILL
SB 14, relative to election of delegates to the constitutional
convention from Berlin,
SUSPENSION OF RULES
The member from Berlin, Mr. Fortier, moved that the
rules be so far suspended as to dispense with committee refer-
ence, hearing, advertising in Journal on SB 14, relative
to election of delegates to the constitutional convention from
House Journal, 20Feb74 21
Berlin, and to permit the bill to be placed on third reading
and final passage at the present time.
Reps. Coutermarsh and George B. Roberts, Jr. spoke in
favor of the motion.
Adopted by the necessary two-thirds.
Third reading and final passage
SB 14, relative to election of delegates to the constitutional
convention from Berlin.
RECONSIDERATION
Rep. T. Anne Webster moved reconsideration of Daniell
amendment to joint rule 23.
Reconsideration lost.
Rep. George B. Roberts, Jr. moved that we now adjourn
from the morning session, that the business of the afternoon
session be in order at the present time, and when the House ad-
journs, it adjourn to meet tomorrow at 1 1 a.m.
Adopted.
On motion of Rep. Lynch the House adjourned at 1:50
p.m.
Wednesday, 20Feb74
The House met at 1 1 :00 o'clock.
Prayer was offered by House Chaplain Rev. Joseph Y.
Beaulieu.
O Lord, Our God, we ask You for the desire and the power
to help others. Give us the opportunity of serving our generation
according to Your will, and manifesting Your grace to men.
We pray also for the repose of the soul of Romeo Desilets,
gTant him right, peace and happiness in Your Eternal Kingdom.
We ask this through Christ our Lord. Amen.
PLEDGE OF ALLEGIANCE
Rep. Joseph M. Eaton led the Pledge of Allegiance.
22 House Journal, 26Feb74
LEAVES OF ABSENCE
Rep. Dorthea M, O'Neil, the day, important business.
Rep, Canney, indefinite, illness.
ENROLLED BILLS REPORT
SB 14, relative to election of delegates to the constitutional
convention from Berlin.
Mabel L. Richardson
For The Committee.
Rep. George B. Roberts, Jr. moved that we now adjourn
from the morning session, that the business of the afternoon ses-
sion be in order at the present time, and when the House ad-
journs, it adjourn to meet Tuesday next at 11:00 a.m.
Adopted.
On motion of Rep. Rogers the House adjourned at 11:10
a.m.
Tuesday, 26Feb74
The House met at 1 1 :00 o'clock.
(Rep. George B. Roberts, Jr. in the Chair)
Prayer Avas offered by House Chaplain Rev. Joseph Y.
Beaulieu.
O Lord, Our God, send your blessing upon us and all our
work done in Your name. Give light to guide us, courage to
support us and love to imite us, now and forever more. Amen.
PLEDGE OF ALLEGIANCE
Rep. Milne led the Pledge of Allegiance.
LEAVES OF ABSENCE
Reps. Connors, Bernard, and Conley, the day, illness.
Reps. Harriet W. H. Richardson and Cobleigh, indefinite,
illness.
Rep. Cary, the week, illness.
House Journal, 26Feb74 23
Reps. Chris K. Andersen, Hough, Cummings and George
E. Lemire, the day, important business.
Rep. Tibbetts, the week, important business.
Rep. Saunders, indefinite, important business.
SENATE MESSAGES
CONCURRENCE
Amendment to Joint Rules.
The Honorable Senate has voted to adopt a calendar of
meetings for the 1974 Special Session.
Meetings to be held on February 19, 20, 26, 27.
March 6, 7, 12, 13, 19,20,26,27.
April 2, 3, 10.
UNANIMOUS CONSENT
Rep. Tripp addressed the House by unanimous consent as
follows:
At the request of Mrs. Ethel Canney I am addressing the
General Court to express the heartfelt appreciation of Mrs.
Ralph Canney and their children for the floral tributes sent by
the House of Representatives and the personnel in the Sergeant
of Arms office, for the cards and letters so frequently sent to
Ralph during his 8 month illness and for the many expressions
of sympathy sent by those involved in state government from
time to time.
We would also voice our thanks to all those who respect-
fully attended the funeral services last Saturday.
PERSONAL PRIVILEGE
Reps. Beckett and Richard L. Bradley rose on a point of
personal privilege.
Rep. Charles B. Roberts moved that Rep. Beckett's remarks
be printed in the Journal.
Rep. Sayer spoke against the motion.
Motion lost.
24 House Journal, 26Feb74
COMMITTEE REPORTS
HB 9
increasing the debt limit for the Londonderry school dis-
trict. Ought to pass with amendment. Rep. Rock for Education.
The committee concurs with the sponsor's indicated need
for additional bonding authority after a most expertly
detailed and researched presentation on the needs and
difficulties faced because of population explosion in the
area.
AMENDMENT
Amend the bill by striking out section 1 and inserting in
place thereof the following:
1 Londonderry School District Limit Increased. Nothwith-
standing the provisions of RSA 33:4-a to the contrary, the school
district encompassing the town of Londonderry shall not incur
net indebtedness to an amount at any one time outstanding
exceeding nine percent of its equalized valuation as determined
according to law.
Amendment adopted.
Ordered to third reading.
HB 6
providing overtime pay for certain classified state em-
ployees, and making an appropriation therefor. Inexpedient
to legislate. Rep. Cushman for Executive Departments and
Administration.
This bill would need some work. The committee felt it
would be better to re^mte the bill for the next session of
the legislature. The sponsor agreed.
Resolution adopted.
HB 11
to increase the salaries of state classified employees and
non-exempt employees of the university system and providing
differential pay to classified prison employees and making ap-
propriations therefor. Ought to pass with amendment. Rep.
McLane for Executive Departments and Administration.
The committee feels that state employees deserve, and are
House Journal, 26Feb74 25
in need of, a pay raise. If enough money cannot be found
in the state of New Hampshire for this pay raise, the com-
mittee feels that this should be the decision of the Appro-
priations Committee to kill the bill. To Appropriations.
AMENDMENT
Amend the title of the bill by striking out same and insert-
ing in place thereof the following:
AN ACT
to increase the salaries of state classified employees and
employees of the university system and providing differential
pay to classified prison employees and correctional psychiatric
aides at the New Hampshire state hospital and making
appropriations therefor.
Amend the bill by striking out sections 9, 10, and 11 of
same and inserting in place thereof the following:
9 University System Employees. There is hereby appro-
priated for the fiscal year ending June 30, 1974 the sum of one
million twenty-eight thousand sixty-eight dollars. The sum
hereby appropriated shall be used by the trustees of the univer-
sity of New Hampshire to increase the annual salaries of those
employees of the university system whose salaries are equivalent
to those within the state classified employee salary structure by
seven hundred eighty dollars or eight percent, whichever is
greater, with a maximum of one thousand two hundred twenty
dollars, effective January 4, 1974. There is hereby appropriated
for the fiscal year ending June 30, 1975 the sum of three million
forty-two thousand nine hundred twelve dollars. The sum here-
by appropriated shall be used by the trustees of the university
of New Hampshire to increase the annual salaries of those em-
ployees of the university system whose salaries are equivalent
to those within the state classified employee salary structure by
four percent, on the average, effective June 21, 1974. This ap-
propriation shall not be transferred or expended for any other
purpose. The governor is authorized to draw his warrant for this
sum out of any money in the treasury not otherwise appropri-
ated.
10 Hazardous Pay for Prison Personnel and Correctional
Psychiatric Aides. Amend RSA 99 by inserting after section 9
the following: new section:
26 House Journal, 26Feb74
99:10 N. H. State Prison and State Hospital. Classified em-
ployees at the state prison and correctional psychiatric aides at
the state hospital shall be paid in addition to their regular
salary, hazardous duty pay in the amount of twenty-five dollars
per week.
11 Appropriation. There is hereby appropriated for the
fiscal year ending June 30, 1974 for the purposes of section 10
of this act the following sum: fifty thousand three hundred
seventy-five dollars from the general fund. There is hereby ap-
propriated for the fiscal year ending June 30, 1975 the following
sum: two hundred one thousand five hundred dollars from the
general fund. The governor is authorized to draw his warrant
for the sums hereby appropriated out of any money in the
treasury not otherwise appropriated.
Amendment adopted.
Referred to Appropriations.
HB 17
increasing the mileage rate for all state employees using
privately owned passenger vehicles and making an appropria-
tion therefor. Ought to pass with amendment. Rep. Roderick
H. O'Connor for Executive Departments and Administration.
The bill increases mileage rates from 10c to 12c per mile.
For each 10c rise in the average price of gasoline the legis-
lative fiscal committee advises Governor and Council to
implement ale rise in the mileage rate.
The amendment allows for a decrease in the mileage rate
if the price of gasoline goes down. The amendment also
reduces the appropriation from $202,000 to $131,000 and
empowers the Governor to draw his warrant from the ap-
propriate funds.
AMENDMENT
Amend the bill by striking out sections 1 and 2 and insert-
ing in place thereof the following:
1 Mileage Rate. Amend RSA 99-A:l, as inserted by 1955,
257:1, as amended, by striking out said section and inserting
in place thereof the following:
99- A: 1 State Officials and Employees. State officials and
House Journal, 26Feb74 27
employees required to use their private cars in the conduct of
official business for the state shall be reimbursed for mileage
at a rate of twelve cents per mile. When the price of gasoline
reaches a statewide average of fifty cents per gallon, as deter-
mined by the legislative fiscal committee and upon approval by
the governor and council, an additional one cent per mile in-
crease shall be authorized. The legislative fiscal committee shall
continue monitoring the statewide average price of gasoline and
for each ten cent increase or decrease per gallon from fifty cents,
as determined by said committee and upon approval of governor
and council, a one cent per mile increase or decrease, respec-
tively, shall be authorized, except that in no case shall the mile-
age reimbursement rate be decreased below twelve cents per
mile.
2 Appropriation. There are hereby appropriated for fiscal
year ending June 30, 1975 for the purpose of section 1 of this
act the following sums: $64,126 from general funds, $35,452
from highway funds, $1,000 from fish and game funds, $30,409
from special funds. The governor is authorized to draw his
warrant for the money hereby appropriated which shall be a
charge against the general fund and against each special fund
as designated. If an additional appropriation is required due to
an increase above the twelve cents a mile authorized, the gov-
ernor is authorized to draw his warrant for any additional funds
required for such additional appropriations which shall be a
charge against the general fund and against each special fund
as designated.
Amendment adopted.
At the request of Rep. Gerry F. Parker, Rep. Roderick H.
O'Connor answered questions.
Referred to Appropriations.
HCR 1
memorializing Miriam Jackson. Ought to pass. Rep. Milne
for Resolutions and Screening.
Fitting tribute.
The clerk read the resolution in full.
Unanimously adopted.
HCR 2
establishing a joint committee to study the railroad condi-
28 House Journal, 26Feb74
tions and related matters in the state of New Hampshire. Refer
to Committee on Statutory Revision. Rep. Milne for Resolu-
tions and Screening.
Needed because of The Regional Rail Reorganization Act
of 1973.
Referred to Committee on Statutory Revision.
HCR 3
relative to the protection of the New Hampshire fishing
industry. Refer to Committee on Fish and Game. Rep. Milne
for Resolutions and Screening.
Requested by DRED.
Referred to Committee on Fish and Game.
HB 8
permitting the election of delegates to national party con-
ferences. Inexpedient to legislate. Rep. Chase for Statutory
Revision.
Withdrawn by sponsor.
Resolution adopted.
HB 16
permitting public accountants to form a professional asso-
ciation. Ought to pass. Rep. Chase for Statutory Revision.
Enables public accountants to form professional associa-
tions.
(discussion)
Rep. Elizabeth E. Goff offered an amendment.
The clerk read the amendment in full.
POINT OF ORDER
Rep. T. Anne Webster rose on a point of order.
Rep. Goff explained her amendment.
(discussion)
Rep. Beckett further explained the amendment.
Amendment lost.
House Journal, 26Feb74 29
Rep. Joseph L. Cote moved that the words, inexpedient
to legislate, be substituted for the committee report, ought to
pass, and spoke in favor of the motion.
Reps. Chase and Newell spoke against the motion.
Rep. Dupont moved the previous question.
Sufficiently seconded.
Adopted.
Rep. Joseph L. Cote requested a division and subsequently
withdrew his request.
Motion lost.
Ordered to third reading.
HB 28
authorizing Franklin Pierce College to grant the degree
of juris doctor. Ought to pass with amendment. Rep. Matheson
for Education.
This bill has been heard by the Education Committee in
the 1973 session, studied in the interim by the committee
as a whole and reheard in the 1974 special session. All
criteria having been met, it is recommended for passage.
AMENDMENT
Amend section 1 of the bill by striking out same and in-
serting in place thereof the following:
1 Authority Extended. Amend 1965, 471:1, as amended by
1969, 554:1, by inserting in line eight after the word "achieve-
ment." the following (Said college is further authorized and
empowered, until June 30, 1977, to grant the degree of juris
doctor to qualifying graduates of its adjunct, Franklin Pierce
Law Center.) so that said section as amended shall read as
follows:
471:1 Franklin Pierce College. Franklin Pierce College, a
voluntary corporation formed under the provisions of RSA 292
is hereby authorized and empowered to establish and maintain
an institute of learning to be known as Franklin Pierce College,
to prescribe the rules for the government of said college and the
courses of studies to be pursued therein, and to confer upon
30 House Journal, 26Feb74
graduates thereof the degrees of bachelor of arts and bachelor
of science to the qualifying candidates and to give customary
honorary recognition to outstanding individuals for note-
worthy achievement. Said college is further authorized and em-
powered, until June 30, 1977, to grant the degree of juris doctor
to qualifying graduates of its adjunct, Franklin Pierce Law
Center.
Amendment adopted.
Rep. Horan offered an amendment.
The clerk read the amendment in full.
Rep. Horan explained his amendment.
Rep. French spoke against the amendment.
Amendment lost.
Ordered to third reading.
Approved by House Resolutions and Screening Committee.
HOUSE RESOLUTION
Whereas, the University of New Hampshire's varsity hockey
team is currently ranked number one in the east in top divi-
sional play; and
Whereas, the team is also ranked number three in the en-
tire nation; and
Whereas, team captain Gordie Clark has attained AU-
American recognition and goalie Cap Raeder is ranked number
one in the east at his position; and
Whereas, the team roster includes the three top scorers in
the east in Gordie Clark, Jamie Hislop and Cliff Cox;
Now Therefore Be It Resolved by the House of the State
of New Hampshire Assembled:
That congratulations be extended to the entire team, to
the members of the above-named, and to Coach Charles Holt
for the credit they reflect upon the University and the State for
their outstanding success in intercollegiate athletic competition;
and
That a copy of these resolutions be conveyed to Coach Holt
for the entire team.
House Journal, 27Feb74 31
Offered by Reps. Kenneth W, Spalding, McManus and
Elmer S. Wiggin.
RESOLUTION
Rep. Coutermarsh moved that we now adjourn from the
morning session, that the business of the afternoon session be
in order at the present time, tiiat third reading of bills be by
title only, and when the House adjourns it adjourn to meet
tomorrow at 1 1 a.m.
Adopted.
LATE SESSION
Third reading and final passage
HB 9, increasing the debt limit for the Londonderry school
district.
HB 16, permitting public accoimtants to form a profession-
al association.
HB 28, authorizing Franklin Pierce College to grant the
degree of juris doctor.
Rep. David J. Bradley, Chairman of the Special Commit-
tee on Bill Handling made a presentation to the House.
On motion of Rep. Harvell the House adjourned at 12:50
p.m. in memory and in honor of Miriam Jackson.
Wednesday, 27Feb74
The House met at 1 1 :00 o'clock.
Prayer was offered by House Chaplain Rev. Joseph Y.
Beaulieu.
O Lord, God Almighty, who has made all the nations on
the face of the earth to serve You: Give us not only a passion for
equal justice under the law, but also strength of self-control
that we may exercise our liberty with a single desire to promote
your gracious will for all mankind.
We ask this through Christ Our Lord. Amen.
32 House Journal, 27Feb74
PLEDGE OF ALLEGIANCE
Rep. Brungot led the Pledge of Allegiance.
LEAVES OF ABSENCE
Reps. Conley and Elizabeth E. Goff, the day, illness.
Rep. Bernard, indefinite, illness.
Rep. Tilton, the day, death in family.
Reps. Roger K. Warren, Cummings and VanLoan, the day,
important business.
SENATE MESSAGE
CONCURRENCE
HCR 1, memorializing Miriam Jackson.
COMMITTEE REPORTS
HB 21
relative to the duties of the state board of education and
prohibiting the expenditure of public moneys in non-public
schools unless said schools have program approval by the de-
partment of education. Ought to pass with amendment. Rep.
Rock for Education.
This bill provides the mechanism to correct a situation
wherein the program of education for handicapped chil-
dren comes under control of the state board of education.
AMENDMENT
Amend RSA 198:20-a as inserted by section 2 of the bill by
striking out said section and inserting in place thereof the fol-
lowing:
198:20-a Payment of Governmental Moneys Prohibited in
Non-Public School Without Program Approval by the Board of
Education for Handicapped Children, No state moneys or
moneys raised and appropriated by any political subdivision of
the state or any federal moneys administered by the state or any
political subdivision thereof shall be paid or granted to a non-
public school for the education and training of handicapped
children as defined by RSA 186-A:2, IV which has not been ap-
House Journal, 27Feb74 33
proved by the state board of education pursuant to those policies
adopted under the provisions of RSA 186: 1 1, XXIX.
Amendment adopted.
Ordered to third reading.
HB 29
relative to tuition payments for the definitions of handi-
capped persons under the age of twenty-one and amending
the appropriation for same. Ought to pass with amendment.
Rep. Rock for Education.
This bill, as amended, corrects flaws in two laws enacted
in the 1973 session.
AMENDMENT
Amend the title of the bill by striking out same and in-
serting in place thereof the following:
AN ACT
relative to tuition payments for the definitions of handicapped
persons under the age of twenty-one and amending the
appropriation for same and educational
expenses in public institutions.
Amend the bill by striking out section 5 and inserting in
place thereof the following:
5 Educational Expenses of Inmates and Patients. Amend
RSA 8:41-c (supp) as inserted by 1973, 385:1, by striking out
said section and inserting in place thereof the following:
8:41-c Educational Expenses. Educational expenses of any
inmate or patient, who is educable or trainable and who is
between six and twenty-one years of age, as required under
statute and incurred in the institutions named in or at the
direction of the commissioner of health and welfare, in any
public or private institution or elsewhere, shall be recovered
from the school district in which the patient's or inmate's par-
ents or legal guardian reside on the January first preceding
the recovery up to the state average elementary cost per pupil,
as determined by the state board of education for the preced-
ing school year. The liability of the school district for such
expenses shall precede that of the persons and estates named in
34 House Journal, 27Feb74
RSA 8:41 and RSA 8:41-a, which are hereby relieved of lia-
bility for such expenses to the extent of the school district's
liability.
6 Effective Date.
I. Sections 1, 2, 3 and 4 of this act shall take effect upon
passage.
II. Section 5 of this act shall take effect July 1, 1974.
Amendment adopted.
Rep. Horan moved that HB 29 be referred to the commit-
tee on Education for further study and spoke in favor of the
motion.
Rep. Laurent J. Boucher spoke against the motion.
(discussion)
Rep. Rock non-spoke against the motion.
Motion lost.
Referred to Appropriations.
HB 22
establishing a critical lands commission; providing for the
classification of certain land areas of the state as critical and
making an appropriation therefor. Majority: Ought to pass with
amendment; Rep. Greene for Environment and Agriculture
and Resources, Recreation and Development. Minority: Inex-
pedient to legislate. (Reps. Curran, Nelson, Pryor, Lawton and
Tanner)
Majority: HB 22 establishes a method of identifying and
protecting critical land areas of the state. Strict guidelines
are set up and the critical land commission and its direc-
tor are limited in their applications of the law to those
powers specifically granted in the bill. The legislation is
regulatory, not prohibitory, and has been amended to
meet objections raised in the public hearing. Basically
each amendment is to reflect a suggestion made at the
hearing and the amendment will be explained in detail.
Minority: 1. It limits the use of much of our farm land
and urban areas in perpetuity without compensation to
House Journal, 27Feb74 35
the owners, or reclassification procedure. 2. The state land
use inventory is incomplete so no one can really say how
much land is automatically covered by the bill, or likely to
be covered by classification. 3. Proper State Land Use Legis-
lation should balance both the environmental and socio-
economic factors. This bill deals only with the environ-
mental factor. 4. As written the bill creates an additional
layer of bureaucracy incompatible with home rule in
situations where local control should prevail. 5. No one
can be sure that the bill is compatible with the National
Land Use Planning and Assistance Act soon to be enacted.
Rep. Kopperl explained the bill and amendments,
(discussion)
Rep. La^vton moved that the report of the minority, inex-
pedient to legislate, be substituted for the majority report,
ought to pass with amendment, and spoke in favor of the mo-
tion.
Reps. Joseph L. Cote, Harvell, Coutermarsh, George L
Wiggins, Nelson, Pryor, Curran and George B. Roberts, Jr.,
spoke in favor of the motion.
Reps. Taber, Belair, Ezra B. Mann, Winkley, Fortier, Cur-
rier and Gelinas non-spoke in favor of the motion.
Reps. Coburn, Williamson, Barrus, Woodruff, Claflin,
Schwaner and Green spoke against the motion.
Rep. Barrus requested a roll call seconded by Reps. David
}. Bradley, Milbank, Dorthea M. O'Neil, Greene, Bowler and
Claflin.
ROLL CALL
Yeas: 212 Nays. 117
YEAS
Sullivan County:
D'Amante, Scott, Olden, Wiggins, George L
Belknap County:
French, Lawton, Matheson, Marsh, Roberts, George B.,
Twigg, Hildreth, Sabbow, Maguire, Murray, James W.
36 House Journal, 27Feb74
Carroll County:
Howard, Donalda K., Webster, T. Anne.
Cheshire County:
Galloway, Johnson, Edward A., Whipple, Dunham, Mar-
shala, McGinness, Savage, Forcier, Yardley, Streeter, Nims,
Drew, Scranton.
Coos County:
Huggins, Metcalf, Bushey, Burns, Richardson, Mabel L.,
Kidder, Victor L., Oleson, Fortier, Pryor, Brungot, Gagnon,
Rebecca, Theriault.
Grafton County:
Curran, Stevenson, Bradley, Richard L., Clark, Jones, An-
thony, K., Mann, Ezra B., Anderson, Fayne E., Jones, Albert C,
Buckman, Harrison, Gemmill, Bell, Webb, Krainak, Duhaime,
Eaton, Myrl R.
Hillsborough County:
Eaton, Joseph M., Humphrey, Howard S., Withington,
Murray, Fred E., Karnis, Eaton, Clyde S., Warren, E. George,
Archambault, Roy, Antonio J., Perkins, Arnold B., Harvell,
Nelson, Bragdon, Brown, G. Winthrop, Carter, Coburn, Lang-
dell, Dwyer, Geiger, Lyons, Alukonis, Bednar, Nutting, Polak,
Currier, Seamans, Ethier, Rock, Record, Belcourt, Winn, John
T., Winn, Cecelia L., Charest, Desmarais, Lachance, Gabriel,
Migneault, Boisvert, Mason, Ouellette, Wilcox, Coutermarsh,
Erickson, Lebel, Daniels, Ackerson, Bourassa, Montplaisir, Mur-
phy, Horan, Bruton, Cote, Joseph L., Cullity, Shea, Barrett,
William F., Healy, Daniel J., McDonough, Clancy, Drewniak,
Sullivan, Mary J., Beaulieu, Gelinas, Taber, Healy, George T.,
MacDonald, Thibeault, P. Robert, Burke, Grady, O'Connor,
Timothy K., D'Allesandro, Sweeney, Lamy, Lemire, Armand
R., Levasseur.
Merrimack County:
Bigelow, Chandler, Jones, Donald P., Parker, Harry C,
Deoss, Hanson, Boucher, Laurent J., Enright, Rice, Gamache,
Gordon, George E., Plourde, Bartlett, Thompson, Doris L.,
Wiggin, Elmer S., Humphrey, James A., Piper, Gate, Tarr, Wil-
son, Ralph W., Howard, C. Edwin.
Rockingham County:
King, Davis, Roy W., Wilson, Helen F., Boucher, William
House Journal, 27Feb74 37
P., Kashulines, Skinner, Soule, Thibeault, George J., Barka,
Gibbons, Gorman, MacGregor, Read, Senter, Belair, Sayer,
Southwick, Stevens, William J., Spollett, Webster, Clarence L.,
White, Vey, Erler, Goodrich, Tavitian, Akerman, Casassa, Cun-
ningham, Collishaw, Twardus, Scamman, Stevens, Elliott A.,
Ellis, Hammond, Griffin, Cotton, Dame, Hodgdon.
Strafford County:
Dawson, Rowell, Tirrell, Joncas, Bouchard, Maloomian,
Chasse, Peter N., Meserve, Tanner, Tibbetts, Ruel, Winkley,
LaRoche, Gagnon, Arthur, Preston, Boisse, Leighton, Donnel-
ly, Kincaid, O'Connor, Roderick H., Parnagian, Pray.
NAYS
Sullivan County:
Townsend, Sara M., Barrus, Rousseau, Roy, Mary R.,
Spaulding, Roma A., Tucker, Brodeur, Burrows, Lewko, Friz-
zell, Williamson.
Belknap County:
Nighswander, Wuelper, Bowler, Roberts, Charles B.,
Pierce, Randlett.
Carroll County:
Duprey, Davis, Dorothy W. Chase, Claflin, Allen.
Cheshire County:
Stevens, Anthony, Johnson, Elmer L., Ladd, Gordon, Anne
B., Milbank, Turner, Cooke, Close.
Coos County:
Patrick, Hunt.
Grafton County:
Gallen, Chamberlin, Fimlaid, Altman, Bradley, David J.,
Chambers, Copenhaver, Nutt, Hough, Symons, Townsend,
Madeline G.
Hillsborough County:
Heald, Philip C, Colburn, Thomson, Harold E., Orcutt,
Knight, Ferguson, Boyd, Hall, Carswell, Bergeron, Smith,
Leonard A., Richardson, John W., Parker, Gerry F., Zechel,
Woodruff, Cote, Margaret S., McGlynn, Ainley, Milne, Zachos,
Nardi, Smith, Craig D., Spirou, Dupont, Gardner, O'Neil,
Dorthea M., Normand, Bernier.
38 House Journal, 27Feb74
Merrimack County:
Kidder, William F., Thompson, Arthur E., Perkins, John
B., Cushman, Kopperl, Mattice, Burleigh, Daniell, Fisher,
Davis, Alice, McLane, Newell, Jones, H. Gwendolyn, Rich,
Underwood, Hager, Noble.
Rockingham County:
Stimmell, DeCesare, Roy, Vesta M., Sununu, Hoar, San-
born, Schwaner, Simard, Rogers, Hamel, Randall, Parr, Brown,
Benjamin A., Eastman, Junkins, Page, Weeks, Greene, Lock-
hart, Maynard, Palfrey, Splaine, McEachern, Joseph A.
Strafford County:
Plumer, Hebert, Thompson, Barbara C, Tripp, McManus,
Peabody.
Reps. Spalding, Kenneth W. and Harriman abstained
under Rule 16.
Reps. McLaughlin and Aubut wish to be recorded as vot-
ing yes.
212 members having voted in the affirmative and 117 in
the negative, the motion prevailed.
Rep. Colby wishes to be recorded in favor of the motion,
inexpedient to legislate on HB 22.
RECONSIDERATION
Rep. Coutermarsh moved reconsideration on HB 22.
Reconsideration lost.
HB 23
continuing present city of Somersworth's elected officials
in office until next regular election and electing constitutional
convention delegates from old wards; and permitting the city
of Rochester to hold a referendum to abolish the police com-
mission and amend its charter. Ought to pass with amendment.
Rep. Benton for Municipal and County Government.
Emergency legislation required to provide:
a. Certain elected city officers of Somersworth would con-
tinue in office, representing old wards, until next election
affecting that office. These officials had been inadvertently
omitted from Chapter 572, Laws of 1973, which permitted
House Journal, 27Feb74 39
representatives to continue to represent old wards until
the next election.
b. Somersworth delegates to Con-Con would be elected
from wards existing prior to redistricting, caused by in-
ability of Somersworth to complete voter re-registration
under the new ward lines.
The bill, as amended, deletes all reference to a referendum
to be held in the city of Rochester on the subject of the
Rochester Police Commission.
AMENDMENT
Amend the title of the bill by striking out same and insert-
ing in place thereof the following:
An Act
continuing present city of Somersworth's elected officials
in office until the next regular election and electing
constitutional convention delegates from old wards.
Amend the bill by striking out all after section 2 and
inserting in place thereof the following:
3 Effective Date. This act shall take effect upon its passage.
Amendment adopted.
Ordered to third reading.
SUSPENSION OF RULES
Rep. Meserve moved that the rules of the House be so
far suspended as to place HB 23 on third reading and final
passage by title only at the present time.
Rep. George B. Roberts, Jr. spoke in favor of the motion.
Adopted by the necessary two-thirds.
Third reading and final passage
HB 23, continuing present city of Somersworth elected
officials in office until next regular election and electing consti-
tutional convention delegates from old wards.
RECESS
40 House Journal, 27Feb74
AFTER RECESS
SENATE MESSAGES
CONCURRENCE
A resolution legalizing, ratifying, approving and confirm-
ing the action taken by the rules committee.
INTRODUCTION OF SENATE BILL
First, second reading and referral
SB 5, providing that a person cannot be denied unemploy-
ment compensation benefits if he refuses a job too distant from
his home. Labor, Human Resources and Rehabilitation.
COMMITTEE REPORTS CONTINUED
HB 7
permitting municipalities to establish, acquire, maintain
and operate public transportation facilities in cooperation with
governmental units of adjoining states and permitting broader
cooperation in furnishing of municipal services. Ought to pass
with amendment. Rep. Bergeron for Municipal and County
Government
Permissive legislation which would permit interstate co-
operation for mass transportation and will help relieve
transportation problems now being experienced in Grafton
County. Amendments are for clarification purposes and to
make the bill effective "upon its passage."
AMENDMENT
Amend RSA 53-A:3, XV as inserted by section 2 of the bill
by striking out said paragraph and inserting in place thereof the
following:
XV. The establishment, acquisition, or contracting for the
maintenance and operation of any public transportation system
and related facilities for the conveyance of passengers.
Amend the bill by striking out sections 4 and 5 of same and
inserting in place thereof the following:
4 Appropriations by Cities. Amend RSA 47:ll-a, as in-
House Journal, 27Feb74 41
serted by 1969, 365:1 by striking out said section and inserting
in place thereof the following:
47:ll-a Mass Transportation for Cities.
I. Power to Appropriate. The governing body of any city
may, subject to the provisions of paragraphs II and III, raise
and appropriate such sums of money as public convenience or
necessity may require, to aid or to contribute to a mass trans-
portation system,
II. Optional Referendum. If the governing body of a city
should desire to place the question of whether or not to appro-
priate a certain sum of money pursuant to the provisions of
paragraph I, they may place said question on a referendum to
be voted upon at any regular municipal election, or at a special
election called for the purpose of voting on said question.
Should a referendum be held, the following questions shall be
submitted "Shall the governing body of the city of ( )
be instructed to appropriate ($ ) for the purpose of
aiding mass transportation?" The governing body shall be
bound by the outcome of the referendum.
III. Two-Thirds Vote. If the governing body of a city
should decide not to place the question of whether or not to
appropriate a certain sum of money pursuant to the provisions
of paragraph I on a referendum, a two-thirds vote of the entire
membership of the governing body shall be necessary in order
to approve said appropriation.
5 Effective Date. This act shall take effect upon its passage.
Amendment adopted.
Ordered to third reading.
HB 30
relative to the civil commitment procedures in the probate
courts and detention and discharge procedures for the mentally
ill. Ought to pass. Rep. Frizzell for Judiciary.
HB 30 provides for increase in length of time allowed for
emergency diagnostic detention from fifteen to thirty days
and time for hearing from five to ten days; and authorizes
compensation for extra work done by registers of probate.
No new appropriation. Several amendments were offered
42 House Journal, 27Feb74
but they were rejected as being non-germane or needing
more study.
Ordered to third reading.
HB 10
providing for a special license to hunt pheasants; and au-
thorizing the director of fish and game to implement a buck
law on a county, town, city or area basis, ^vith the approval of
the fish and game commission. Inexpedient to legislate. Rep.
Chamberlin for Fish and Game.
Committee felt no need for special licenses at this time
and also unanimously opposed to the concept of a buck
only law.
Rep. Maynard moved that the words, ought to pass with
amendment, be substituted for the committee report, inexpedi-
ent to legislate.
The clerk read the amendment in full.
Rep. Maynard spoke in favor of the motion,
(discussion)
Reps. T. Anne Webster, Chamberlin, Laurent J. Boucher
and John T. Winn spoke against the motion.
Rep. Maynard spoke a second time in favor of the motion.
Motion lost.
Resolution adopted.
HB 19
increasing the amount of political expenditures authorized
for candidates in primary and general elections seeking the
office of governor, U. S, senator, representative in congress,
governor's councilor, county officer, state senator or representa-
tive to the general court. Ought to pass. Rep. Chase for Statu-
tory Revision.
In recognition of the higher cost of political campaigns,
this will raise the legal limits under which candidates may
work.
Rep. Gerry F. Parker moved that the words, inexpedient to
House Journal, 27Feb74 43
legislate be substituted for the committee report, ought to pass
and spoke in favor of the motion.
Rep. Chase spoke against the motion.
Rep. Gorman spoke in favor of the motion.
(discussion)
Rep. James W, Murray spoke in favor of the motion.
Rep. Daniell non-spoke in favor of the motion .
Rep. Parker requested a division and subsequently with-
drew his request.
Motion lost.
Ordered to third reading.
HB 33
relative to the Winnipesaukee River Basin Control. Ought
to pass with amendment. Rep. Claflin for Resources, Recrea-
tion and Development.
The bill breaks section 1 into numbered paragraphs for
easier understanding, assesses reasonable costs for opera-
tion and maintenance to participating municipalities, and
for capital costs based on share of use of system upon ap-
proval to construct.
The amendment removes a portion of the bill which
would make operation and costs ultimately the obligation
of the states.
The amendment removes a portion of the bill which
would make operation and maintenance and administra-
tive costs ultimately the obligation of the state.
The amendment also provides for the continuation of the
present committee to study and report on the program
and needs of the Water Supply and Pollution Control
Commission, require all requested material and increase
the membership from nine to eleven.
AMENDMENT
Amend the title of the bill by striking out same and insert-
ing in place thereof the following:
44 House Journal, 27Feb74
An Act
relative to the Winnipesaukee River Basin Control; and
providing for continuation of the study committee on the
water supply and pollution control commission.
Amend RSA 149-G:1, I, as inserted by section 1 of the bill
by striking out in line four the word "Alton,", so that said para-
graph as amended shall read as follows:
I. The New Hampshire water supply and pollution control
commission is hereby authorized and directed to acquire, plan,
construct, and operate, to serve certain mimicipalities within
the Winnipesaukee river basin (including, but not necessarily
limited to Meredith, Laconia, Gilford, Belmont, Sanbornton,
Tilton, Northfield, and Franklin) any and all sewage and waste
disposal facilities (meaning only those facilities eligible for fed-
eral and state aid) in accordance with basin and regional treat-
ment needs consistent with federal and state requirements.
Amend RSA 149-G:6, HI, as inserted by section 2 of the
bill by striking out in line one the word "nine" and by striking
out in line three the word "municipalities" and inserting in
place thereof the following (communities) , so that said para-
graph as amended shall read as follows:
HI. The communities specified in RSA 149-G:1, when the
first contract is let for the construction of any sewage waste
treatment facility which will be used by all the communities
who are or become participating members of the system, shall
be assessed the full amount of the municipalities' share of the
total capital cost of said facility, which shall be paid to the state
upon certification of what percentage of the municipalities' total
share is payable by each municipality.
Amend RSA 149-G:6, IV, as inserted by section 2 of the
bill by striking out in line one the word "nine", so that said
paragraph as amended shall read as follows:
IV. The communities specified in RSA 149-G:1 and any
other community upon application to and approval of the water
supply and polhition control commission to become a par-
ticipating municipality in the system, shall be assessed the mu-
nicipality's share of the capital costs, for any facility either in
existence or constructed to serve that particular community. If
two or more communities are served by a particular facility, a
House Journal, 27Feb74 45
portion of the municipality's share of the total capital costs of
the facility shall be assessed each community served on the same
basis as provided for in paragraph VI.
Amend RSA 149-G:6, V, as inserted by section 2 of the bill
by inserting in line one after the word "municipality" the fol-
lowing (making application thereto) , so that said paragraph as
amended shall read as follows:
V. Any municipality making application thereto that is
subsequently approved by the water supply and pollution con-
trol commission to become a participating member of the sys-
tem sliall be assessed a proportionate share of the municipality's
costs originally assessed for any facility in the system that will
serve the new community member of the system. The assess-
ment shall then be equitably distributed by the water supply
and pollution control commission to the municipalities that
participated in the original capital costs for that facility or fa-
citilies to be utilized by the new participating member.
Amend RSA 149-G:6, VI, as inserted by section 2 of the
bill by striking out in lines twelve and thirteen the words "Any
operating and maintenance costs over and above what has been
determined to be reasonable by the commission shall be an obli-
gation of the state.) , so that said paragraph as amended shall
read as follows:
VI. The assessments and allocations provided to be made
by this section shall be made by taking into account the volume
and strength of the industrial, domestic, commercial, and all
other waste discharges treated and techniques of treatment re-
quired. Reasonable costs as determined by the water supply
and pollution control commission, associated with transporting
raw or treated sewage through each major interceptor from a
municipality at which it is generated to the point of treatment
or discharge shall be allocated to the municipality ^vhich uses
the interceptor on the basis of volume and distance traveled.
In determining said assessment or allocation for each munici-
pality, the commission shall abide by federal regulations which
govern the allocation of costs and receipt of payments by in-
dustry for industrial discharge.
Amend RSA 149-G:6, as inserted by section 2 of the bill by
striking out paragraph X.
46 House Journal, 27Feb74
Amend the bill by striking out all after section 2 of same
and inserting in place thereof the following:
3 Study Committee on Water Supply and Pollution Con-
trol Commission Continued. The special committee established
pursuant to the laws of 1973, chapter 334, shall be continued.
4 Committee Membership Enlarged. Amend the laws of
1973, chapter 334, by striking out all after the resolving clause
and inserting in place thereof the following:
That there is hereby established a special legislative com-
mittee to study and report on the existing program and future
needs of the water supply and pollution control commission.
The committee shall review the efficiency, economy and effec-
tiveness of present procedures, policies and programs of the
commission with respect to the handling of the duties and func-
tions assigned to it. The committee shall make recommenda-
tion for any additional safeguards, personnel and other mea-
sures which it deems necessary in order that the commission
may carry out its present and anticipated future responsibilities.
Said committee shall consist of thirteen members appointed as
follows: three senators from the senate resources and environ-
mental control committee appointed by the president of the
senate, five representatives of the house committee on resources,
recreation and development appointed by the speaker of the
house and three members representing the general public ap-
pointed by the governor. The committee shall elect one of its
members as chairman. The committee shall report its findings
and recommendations to the general court. The committee
shall have full power and authority to require from the several
departments, agencies, and officials of the state and its political
subdivisions, such data, information and assistance as it may
deem necessary or desirable for the purposes of this study. The
water supply and pollution control commission shall provide
the special committee with such of its rules, regulations and
procedures as the committee may request, together with the
justification therefor.
5 Effective Date. This act shall take effect upon its passage.
At the request of Rep. Newell, Rep. Claflin explained the
amendment.
(discussion)
Amendment adopted.
Referred to Appropriations.
House Journal, 27Feb74 47
HB 4
providing supplemental grants to families with dependent
children and making an appropriation therefor. Ought to pass
with amendment. Rep. Haller for Public Health and Welfare
Provides supplemental grants to families with dependent
children. Also authorizes fiat grant payments for cate-
gorical assistance.
AMENDMENT
Amend the title of the bill by striking out same and in-
serting in place thereof the following:
AN ACT
providing supplemental grants to families with dependent
children and making an appropriation therefor and
authorizing flat grant payments for categorical assistance.
Amend the bill by striking out section 2 and inserting in
place thereof the following:
2 Authorizing Flat Grant Payments. Amend RSA 167:7,
as amended, by inserting in line 1 1 after the word "health"
the following (The director of the division of welfare may
adopt a system of flat grant assistance payments to separate
categories of recipients, but, if a recipient's need for assistance
exceeding the flat grant so requires, the director shall consider
such need in determining the amount of assistance to be re-
ceived by the recipient.) so that said section as amended shall
read as follows:
167:7 Amount of Assistance. The director of the division
of welfare, department of health and welfare, shall determine
the amount of assistance which any person shall receive under
this chapter or RSA 161. The director of the division of wel-
fare shall, however, in appropriate cases first consult with the
proper officials of counties or towns hereby required to con-
tribute to the cost thereof. In any case due regard shall be given
to the resources, necessary expenditures in each case, the con-
ditions existing in each case, and the rules and regulations
made by the division, and said assistance shall be sufficient,
when added to all other income and resources of the case, to
provide such person with a reasonable subsistence compatible
with decency and health. The director of the division of wel-
48 House Journal, 27Feb74
fare may adopt a system of flat grant assistance payments to
separate categories of recipients, but, if a recipient's need for
assistance substantially varies from what the flat grant provides,
the director shall consider such need in determining the
amount of assistance to be received by the recipient.
3 Effective Date. This act shall take effect upon its passage.
Amendment adopted.
Referred to Appropriations.
HB 3
relative to establishment of a food stamp program and
making an appropriation therefor. Ought to pass. Rep. Carol
Pierce for Public Health and Welfare.
Establishes a food stamp program.
Referred to Appropriations.
HB 31
authorizing the public utilities commission to acquire, as
agent of the state, such railroad properties within the state
deemed to be necessary for continued and future railroad opera-
tion for the benefit of the public, and making an appropriation
therefor. Ought to pass with amendment. Rep. Chase for Statu-
tory Revision.
This bill authorizes the Public Utilities Commission, as
the sole agent of the state, to acquire railroad properties
when deemed to be in the best public interest to maintain
the operation of any rail service in the state.
The Public Utilities Commission shall have the authority
to sell or lease said railroad properties to private enterprise
for the continuance of the rail service.
The bill further provides the commission with condemna-
tion rights pursuant to RSA 498-A, the eminent domain
statute.
The commission is authorized to work with Federal au-
thorities and other states where the acquisition, operation
and maintenance of rail service to New Hampshire is in-
volved.
A bond issue of eight million dollars for fiscal 1974 is re-
quested to acquire existing available railroad properties.
House Journal, 27Feb74 49
An appropriation of $26,723.00 for fiscal 1974 and a sum of
$94,407.00 for fiscal 1975 is requested in this bill.
AMENDMENT
Amend RSA 372-A: 1, VI as inserted by section 1 of the bill
by striking out said paragraph and inserting in place thereof
the following:
VI. The policy of the state of New Hampshire is to preserve
for continued rail service or other public uses the line or lines
of all railroads within the state, including but not restricted to
lines abandoned or to be abandoned in the state.
Amend RSA 372-A: 11 as inserted by section 1 of the bill by
striking out said section and inserting in place thereof the
following:
^o*
372-A: 11 Planning Authority. The commission shall have
the power and authority to develop and promulgate plans for
the development and continuation of railroad systems within
the state of New Hampshire. The commission shall have the
duty and responsibility for establishing a state plan as referred
to in the Regional Rail Reorganization Act of 1973, including
Sections 401, 402 and 403 thereof.
Amend RSA 372-A: 14 as inserted by section 1 of the bill
by striking out said section and inserting in place thereof the
following:
372-A: 14 Delinquent Railroad Taxes. Notwithstanding any
other provision of law to the contrary, there are hereby appro-
priated to the commission, and the commission may utilize, any
delinquent state taxes and the interest due thereon to the date
of acquisition from any railroad entity only as an off-set against
the purchase cost of any railroad property purchased from that
railroad entity. Such taxes and interest hereby appropriated
shall be in addition to any other funds available for the purposes
of this chapter.
Amend RSA 372-A: 17 as inserted by section 1 of the bill by
striking out said section and inserting in place thereof the fol-
lowing:
372-A: 17 Disposition of Acquired Rail Properties. When-
ever the commission determines that any rail properties ac-
50 House Journal, 27Feb74
quired by the state are no longer needed for railroad purposes,
it may transfer or sell such rail properties to any other state
department or agency, or political subdivision of the state,
which will utilize such properties for public purpose and, if no
state department or agency, or political subdivision, wants such
properties, the commission may sell them, with the proceeds
being deposited to the special railroad fund established by RSA
372-A: 18. Such transfer or sale shall require the approval of the
governor and council.
Amendment adopted.
Referred to Appropriations.
HB 20
increasing the interest rate for housing authority bonds.
Ought to pass. Rep. Chase for Statutory Revision.
Would allow municipal housing authorities to borrow
money at a maximum interest rate of 8%. The present law
limits the maximum to 6%.
Ordered to third reading.
Rep. Newell offered the following House Concurrent res-
olution:
HOUSE CONCURRENT RESOLUTION NO. 4
Be it Resolved by the House of Representatives, the Senate
concurring, that a new rule be added to the Joint Rules of this
session, to wit:
32 Neither house shall adjourn for longer than five days
without the consent of the other.
Referred to the Rules Committee.
RECONSIDERATION
Rep. T. Anne Webster moved reconsideration on HB 10,
providing for a special license to hunt pheasants; and authoriz-
ing the director of fish and game to implement a buck law on a
county, town, city or area basis, ^vith the approval of the fish
and game commission.
Reconsideration lost.
House Journal, 6Mar74 51
RESOLUTION
Rep. George B. Roberts, Jr. moved that all bills ordered to
third reading be read a third time by this resolution and that
all titles of bills be the same as adopted, and that they be passed
at the present time, unless otherwise ordered by the House, and
that when the House adjourns today it be to meet Wednesday
next at 11:00 a.m.
Adopted.
LATE SESSION
Third reading and final passage
HB 21, relative to the duties of the state board of education
and prohibiting the expenditure of public moneys in non-public
schools unless said schools have program approval by the de-
partment of education.
HB 30, relative to the civil commitment procedures in the
probate courts and detention and discharge procedures for the
mentally ill.
HB 7, permitting municipalities to establish, acquire, main-
tain and operate public transportation facilities in cooperation
with governmental units of adjoining states and permitting
broader cooperation in furnishing of municipal services.
HB 19, increasing the amount of political expenditures
authorized for candidates in primary and general elections seek-
ing the office of governor, U. S. senator, representative in con-
gress, governor's councilor, county officer, state senator or repre-
sentative to the general court.
HB 20, increasing the interest rate for housing authority
bonds.
On motion of Rep. Symons the House adjourned at 4:40
p.m.
Wednesday, 6Mar74
The House met at 11 :00 o'clock.
Prayer was offered by House Chaplain Rev. Joseph Y.
Beaulieu.
52 House Journal, 6Mar74
O, Lord, our God, we ask You to bless, preserve and keep
us, and all whom we love, and all who need our prayers and
efforts. Amen.
PLEDGE OF ALLEGIANCE
Rep. Bigelow led the Pledge of Allegiance.
LEAVES OF ABSENCE
Reps. Ellis and Southwick, the day, illness.
Reps. Gibbons, Sewall and Montplaisir, indefinite, illness.
Rep. Hough, the day, important business.
Rep. Burleigh, the week, important business.
Rep. Tarr, today and tomorrow, important business.
COMMUNICATION
Dear Mr. Speaker and Members of the Honorable House,
On behalf of her family, her many friends throughout the
state, and the organizations for which she worked so devotedly,
I want to express our deep appreciation and respect for the
memorial resolution honoring Miriam Jackson.
Among her many interests, there was nothing Miriam be-
lieved more important than our democratic legislative system.
She was particularly mindful of New Hampshire's unique pro-
cess, w^hereby every bill must have a public hearing and be
brought to the floor for consideration.
All of us who knew and loved Miriam take great pride in
this thoughtful action of the Legislature.
We were particularly touched at the wording of the reso-
lution. It faithfully portrayed the philosophy which enabled
Miriam to have good relationships with representatives of every
viewpoint, party & faction. For she truly believed that people
are more important than issues.
With respect and appreciation,
Patrick Jackson
Rep. Harvell moved that the communication be printed
in the Journal.
Adopted.
House Journal, 6Mar74 53
DECISION OF THE NEW HAMPSHIRE
SUPREME COURT
James E. O'Neil, Sr. 6- a.
V.
Meldrim Thomson, Jr., as Governor
February 28, 1974
McLane, Graf, Greene & Brown and Richard S. Snierson
(Mr. Stanley M. Brown orally) for James E. O'Neil, Sr. and
others as members of the New Hampshire General Court and
individually.
Cleveland, Waters 6- Bass and Robert T. Clark (Mr. Clark
orally) for State Employees' Association of New Hampshire,
Inc.
Charles G. Douglas III, legal counsel to the Governor, by
brief and orally, for Meldrim Thomson, Jr.
Stanton E. Tefft, by brief and orally, for intervenors, be-
ing seven members of the House of Representatives in opposi-
tion to the petition.
LAMPRON, J. Petition for a declaratory judgment and
other relief brought against Meldrim Thomson, Jr., as Gov-
ernor, by certain members of the General Court in their ca-
pacity as President and Vice President of the Senate and as
Speaker and Deputy Speaker of the House and as minority
leaders of the Senate and the House and as individual tax-
payers. Also a plaintiff is the New Hampshire State Employees'
Association, Inc., a voluntary corporation, in its own right and
on behalf of its members and of all classified employees for
whom it is the bargaining agent. The plaintiffs seek a declara-
tion that certain Executive Orders promulgated by the Gover-
nor are "illegal, unconstitutional and void". Seven members of
the house of representatives intervened in opposition to the
action.
The Trial Court (Keller, C.J.) found that: "No useful
purpose would appear to be served by evidentiary hearings in
this Court, since the basic issues are of constitutional law and
of statutory interpretation, and all parties indicate that a final
determination by the Supreme Court is desirable." All ques-
54 House Journal, 6Mar74
tions of law raised by the pleadings of the parties were reserved
and transferred to this court without rulings by the trial court.
The challenged Executive Orders are as follows:
(1) No. 73-14 promulgated on July 10, 1973 Avhich in per-
tinent part provided: ". . . [I]t is hereby ordered and promul-
gated that effective this date no new permanent or new tem-
porary classified personnel shall be hired without the prior
approval of the Governor or his designee. Such approval will
be given only when the need is clear-cut and failure to employ
the additional personnel will clearly decrease our ability to
meet the needs of the people of our State. This freeze shall be
effective until September 10, 1973, unless sooner terminated
by the Governor. All requested positions shall be certified to
the Governor bv the appropriate department head.
"Existing temporary employees who would have normally
converted to permanent status under legislative enactment in
the 1973 session of the General Court will be allowed to be
extended only to September 10, 1973, out of funds appropri-
ated for their employment unless otherwise authorized by the
Governor or his desisrnee."
The first part of the above order pertaining to new per-
manent and new temporary classified personnel ^vas extended
to April 1, 1974, by successive Executive Orders. The second
part relating to the conversion of existing temporary employees
to permanent status was revoked by Executive Order 73-28 (De-
cember 21, 1973) which provided that such employees were
authorized to be converted to permanent status effective retro-
actively to July 1, 1973.
(2) No. 73-15 issued July 16, 1973 which provided that be-
cause of the energy crisis and the need to operate the State gov-
ernment as economically and as efficiently as possible a "ban
^vas ordered ... on the purchase of all automobiles for State
use until September 17th 1973. . . . Exceptions to the ban may
be made by the Governor upon written request from an agency
head stating the reason why an exception should be made." On
December 21, 1973, (Executive Order 73-29) this order was
amended to provide: "No State department or agency shall
purchase a new motor vehicle without the approval of the
Governor's Inter-Office Motor Vehicle Committee," a com-
mittee composed of certain department heads and a representa-
House Journal, 6Mar74 55
tive of the Executive office. The order was to remain in effect
until terminated by the Governor.
(3) No. 73-16 issued August 14, 1973 read in part as fol-
lows: ". . . [I]t is hereby ordered and promulgated that effec-
tive this date no transfers or promotions of State employees
having a labor grade of 17 or higher shall be made between any
department, agency, board, or commission without the prior
approval of the Governor . . . All requested transfers or promo-
tions shall be certified to the Governor pursuant to this execu-
tive order by the appropriate department, agency or commission
head." All of the above orders were issued by the Governor
"by virtue of the authority vested in me under New Hampshire
Constitution, Part 2, Article 41 as the supreme executive magi-
strate of the State."
The plaintiffs in their several capacities have sufficient
right and interest in the "performance by public officers of their
public duties" and in "the preservation of an orderly and lawful
government" to entitle them to maintain these proceedings.
N. H. &€. Beverage Ass'n v. Commission 100 N. H.. 5, 6, 116
A.2d 885, 886 (1955) . Their petition for declaratory judgment
is a particularly appropriate action when the parties desire and
the public need requires a speedy determination of the impor-
tant issues in controversy. Chronicle dfc. Pub. Co. v. Attorney
General, 94 N. H. 148, 150, 48 A.2d 478, 479 (1946) ; Austin
V. State Tax Comm'n, 114 N. H. (decided this day) .
Their solution involves an interpretation of our State con-
stitution and of statutes relative to the executive and legislative
branches of our government. This is a traditional function con-
ferred on the judiciary for which it is responsible. It is not
within the competence of the other two branches and conse-
quently does not fall within the bar against confiding political
questions to the courts. N.H. CONST, pt. I, art. 37, pt. II, art.
72-a Cloutier v. State Milk Control Board, 92 N.H. 199, 201-02,
28 A.2d 554, 556 (1942) ; see Poxvell v. McCormack, 395 U.S.
486, 23 L. Ed. 2d 481, 89 S. Ct. 1944 (1969). Nor does this
petition violate the doctrine of sovereign immunity as it is not
an action against the State but rather a proceeding to prevent
the Governor from enforcing Executive orders which are
claimed to be beyond his powers to promulgate. Conway v.
Water Resources Board, 89 N.H. 346, 348, 199 A. 83, 86 (1938) ;
see Fortin v. Morton, 101 N.H. 477, 147 A.2d 644 (1958) .
56 House Journal, 6Mar74
Even though part of Executive Order No. 73-14 has been
revoked we hold that the petition should not be dismissed for
mootness as we believe justice requires that the matters in
issue be decided so that all officials concerned "may know
where they stand." Sugar Hill Improvement Ass'n v. Lisbon,
104 N.H. 40, 42, 178 A.2d 512, 513-14 (1962) . The defense of
laches does not prevent the maintaining of this petition as it
deals with appropriations separate and distinct from those in
effect when inaction on the part of the plaintiffs is alleged. No
prejudicial delay appears in regard to the present appropriations
and Executive Orders pertaining thereto.
The legislature exercises one of the three "essential pow-
ers" of our government. N.H. CONST, pt. I, art. 37. The Gen-
eral Court composed of the senate and the house of represen-
tatives is invested with the "supreme legislative power" within
this State. N.H. CONST, pt. II, art. 2. It has the power to make
laws; to name all civil officers (with exceptions not material in
this case) and to define their duties and powers; to assess taxes
to raise revenue for the operation of the government of the
State and to make appropriations for that purpose. Id. arts. 5,
18. No moneys are to be issued out of the treasury of the State
unless "there be an appropriation, or equivalent direction for
payment, by the Legislature." State v. Kimball, 96 N.H. 377,
380, 77 A.2d 115, 119 (1950); RSA 6:10 (Supp. 1973).
Under these powers the General Court has created State
departments and assigned broad powers and duties to the heads
of these executive departments. E.g., RSA ch. 8; RSA ch. 8-B;
RSA ch. 8-C; RSA ch. 12; RSA ch. 106-A; RSA ch. 126-A. The
General Court has also established a "Unified Personnel Sys-
tem For The State" which provides for the recruitment, ap-
pointment, compensation, promotion, transfer, layoff, removal,
and discipline of State employees. R. L. ch. 27-B. This system
has been expanded and revised to meet changing conditions.
RSA chs, 98, 98-A, 98-B, 98-C, 98-D, 99 (Supp. 1973). RSA
98:1 provides as follows: "Neither the governor nor council
shall be required to approve the employment, or salary, of any
employee within the state classified service, except as such ap-
proval may be specifically required by law."
The legislature has established the procedure to be fol-
lowed in establishing budgets and making appropriations for
all State departments. RSA ch. 9. Unlike any previous budget,
House Journal, 6Mar74 57
those for fiscal years 1974 and 1975 with which we are concerned
in these proceedings were prepared in a "program appropria-
tion unit format" (PAU) as required by RSA 9:8-a (Supp.
1973) . This method requires the submission by the depart-
ments of new information such as "program descriptions of ac-
tivities, workload, output, and improved financial data," Bud-
get Manual, Fiscal Years 1974-1975, p. 1. The department ad-
ministrators must submit to the Governor and to the legisla-
tive appropriations committees PAU forms showing how they
intend to spend the funds requested whether for existing pro-
grams, their expansion, new programs, additional personnel,
new automobiles, supplies, travel and other specified items.
In the case of a request for new positions, the PAU form must
show why they are needed, what they will accomplish, when
the hirings will take place, and the classification and salary of
the employees.
This new approach called for legislative judgments re-
garding the scope and value of individual budget requests. The
records of the legislative committee hearings both in the house
and then in the senate reveal searching inquiries into the de-
tails of the spending items sought by the various departments.
The appropriations committees were thus in a position to make
a legislative determination whether or not a program should be
inaugurated, continued, expanded, or discontinued, or a con-
trary judgment. Appropriations for the programs and their cost
in personnel, equipment, travel and other expenses, some of
which were later the subject of the Executive Orders in ques-
tion, were incorporated in House bill 888. This bill was con-
sidered by the body of the house and adopted, sent to the sen-
ate and amended, sent to a conference committee of the two
bodies, adopted by both, and approved by the Governor as
Laws 1973, ch. 376.
The role of the General Court in regard to these appropri-
ations is not then at an end. RSA 9:13-27 (Supp. 1973) provide
means by which the expenditure of these appropriations can be
monitored by that body through designated agencies and officers.
The appropriations are to be made available for expenditure
by each department on July 1, 1973. §10. "No State official, com-
missioner, trustee, or other person having control of public
funds appropriated by the general court shall use any part of
such funds for any other purpose than that for which they were
58 House Journal, 6Mar74
appropriated, or expend any money ... in excess of the amount
voted by the legislature." §19. A fiscal committee of the legisla-
ture and the office of legislative budget assistant have been
established to supervise fiscal matters during the legislative
session and the interim between sessions. RSA 14:30, 30-a,
They can conduct post-audits of department accounts and un-
dertake research and investigation and make analyses in regard
to financial matters. RSA 14:31. It is clear from the foregoing
that the power of the General Court to make appropriations
for State departments and to monitor their expenditure is an
established legislative function under the constitution and stat-
utes.
Prior to its amendment in 1966, article 41 of the State
constitution which relates to executive powers of the Governor
reads as follows: "There shall be a supreme executive magistrate
who shall be styled the Governor of the State of New Hamp-
shire, and whose title shall be His Excellency." The 1966 amend-
ment added in pertinent part the following: "The executive
power of the state is vested in the governor. The governor shall
be responsible for the faithful execution of the laws. He may,
by appropriate court action or proceeding brought in the name
of the state, enforce compliance with any constitutional or
legislative mandate, or restrain violation of any constitutional or
legislative power, duty, or right, by any officer, department or
agency of the state."
This amendment was proposed and adopted for submis-
sion to the voters by a constitutional convention held in 1964.
The journal recording those proceedings is illuminating on
whether it was intended to endow the Governor with the pow-
er and duty to interpose himself in the expenditure of the leg-
islative appropriations by the departments of the State. As orig-
inally proposed to the convention the amendment would
have contained the following sentence: "Each principal execu-
tive department shall be under the supervision of the Gover-
nor." A motion to strike out tliis sentence was made and in the
debate which followed the sponsor of the motion argued that
if the sentence stayed in "the Governor will have the power to
tell us [department heads] ^vho to hire and who to fire. You
cannot run a department on that basis." N.H.J, of Const. Conv.
289 ('1964) . Another delegate stated "it was not the intent of
the Committee in any way whatsoever to give the governor
House Journal, 6Mar74 59
authority to set policy or to interfere in any way with those
commissioners who are properly doing their job." Id. at 290.
The amendment proposed was approved, the sentence in ques-
tion was stricken and the amended resolution was approved by
the convention and later adopted by the voters in its present
form. Id. at 292. This legislative history leads to the conclusion
that the Executive Orders in question were not authorized by
article 41, part II of our constitution as they have the effect
which the framers of the amendment expressly rejected. The
language of pt. II, art. 41 as amended states clearly when and
how the Governor can exercise the powers it granted and there
is no claim that the Executive Orders were occasioned by any
failure in "the faithful execution of the laws".
Insofar as these Executive Orders purport to prevent the
expenditure of appropriations made for the hiring of new per-
sonnel or the purchase of automobiles they would have the
effect of a line item veto. A resolution proposing a constitu-
tional amendment authorizing the Governor "to strike out or
reduce items in an appropriation" while approving others
failed to be adopted by the convention. N.H.J. Const. Conv.
105 (1964). If such power were to be given to the Governor
his veto could be overruled by the legislature in the usual
manner. If constitutionally authorized these Executive Orders
would have a more drastic effect than a line item veto because
there is no established means by which the legislature could
nullify them.
Prior to 1957, R.L. 23:10 and 11 provided that appropria-
tions should not be available for expenditure by any depart-
ment until quarterly allotments had been approved by the
Governor. The General Court, however, removed this power
from the Governor in 1957 (Laws 1957, 112:1) and made the
appropriations available on July 1, to be expended over the
fiscal year as the department heads deemed necessary for the
proper operation of their departments. RSA 9:10.
The legislature has authorized the intervention of the
Governor in the process of the expenditure of appropriations
by the State departments in limited specific instances. RSA 9:11
provides that if a monthly report of the director of the division
of accounts indicates that a department is spending at a rate
which will deplete its appropriation before the end of the
fiscal year a report is to be made to the Governor who may after
60 House Journal, 6Mar74
investigation order the department head to reduce expendi-
tures. It is not sought to sustain these Executive Orders under
this provision. RSA 9:12 which gives the Governor the author-
ity to investigate the management of State funds by depart-
ments and "within the scope of the powers possessed by him"
to order action to bring about increased economy and efficiency
cannot be interpreted to confer additional powers beyond those
already possessed under other grants of authority.
RSA 9:13-c provides that if the director of accounts should
determine that during three consecutive months there has oc-
curred such a decline in State revenues as would, if continued,
cause a serious deficit in the total budget, he is to report this
fact to the Governor. "On receipt of such report the governor
may, with the advice and consent of the advisory budget control
committee, order reductions in rates of expenditures within
all or any departments of state government, so that such decline
in revenue will not result in the incurrence of further state
debt." There is no claim of reliance on this authority.
We find no constitutional or statutory authority granted
to the Governor to support the Executive Orders in question
since they contravene the legislative intent expressed by the
appropriations made by Laws 1973, ch. 376 for the hiring of
new personnel and the purchase of automobiles. We hold them
invalid. Insofar as the Executive Orders relate to the classified
personnel of the State they contravene the powers of the legisla-
ture granted by the constitution and exercised by enactments
in chapters 98, 98-A, 98-B, 98-C, 98-D and 99 of the Revised
Statutes Annotated. We hold that the Executive Orders relating
thereto are beyond the powers of the Governor and are invalid.
Although plaintiffs' petition seeks an order enjoining the
Governor from enforcing these Executive Orders, we do not
recommend or issue such an injunction. See Tirrell v. Johnston,
86 N.H. 530, 532, 171 A. 641, 642 (1934) .
Petition for declaratory judgment granted.
All concurred.
COMMITTEE REPORTS
HB 12
conforming tax commission references in the current use
taxation law to the revised revenue administration laws. Ought
House Journal, 6Mar74 61
to pass. Rep. Shea for Executive Departments and Administra-
tion.
A housekeeping bill dovetailing the current use bill (HB
307) with the Revenue Administration bill (HB 818)
both passed last session.
Ordered to third reading.
HB 25
changing the reporting date for the study commission on
the problems of unemployed citizens in New Hampshire. Ought
to pass. Rep. Shea for Executive Departments and Administra-
tion.
Continues study commission to report January 1, 1975.
Ordered to third reading.
HB 14
revising the management-employee relations law for state
employment. Refer to Interim Study Committee on "Collective
Bargaining."
Bill referred to interim study committee on "Collective
Bargaining." Rep. Simard for Labor, Human Resources
and Rehabilitation.
Referred to Interim Study Committee on "Collective Bar-
gaining."
HB 13
repealing the termination date of RSA 357-B. Ought to
pass. Rep. Hamel for Transportation.
Removes the expiration date of June 30, 1975 from the
so-called "Auto Dealers Bill of Rights" law which we
passed at the end of the 1973 session.
At the request of Rep. Chandler, Rep. Hamel explained
the bill.
Ordered to third reading.
HB 26
relative to guaranteeing a minimum adequate income for
the elderly, blind and disabled, and making an appropriation
therefor. Refer to a Joint Study Committee on Labor, Human
Resources and Rehabilitation and Public Health and Welfare
62 House Journal, 6Mar74
comprising three members from each committee to report by
January, 1975. Rep. Elliott A. Stevens for Labor, Human Re-
sources and Rehabilitation.
Poorly prepared legislation. Purpose good — should not
be forgotten — Operational mechanics must be drawn.
Referred to a Joint Study Committee on Labor, Human
Resources and Rehabilitation and Public Health and Welfare
comprising three members from each committee to report by
January, 1975.
HB 29
relative to tuition payments for the definitions of handi-
capped persons under the age of twenty-one and amending the
appropriation for same and educational expenses in public in-
stitutions. Ought to pass with amendment. Rep. Drake for Ap-
propriations.
AMENDMENT
Amend the title of the bill by striking out same and insert-
ing in place thereof the following:
AN ACT
relative to tuition payments for handicapped children;
amending the appropriation for same; defining a handicapped
child as a person up to the age of twenty-one; and providing
for educational and other expenses in public institutions.
Amend the bill by striking out all after section 5 of same
and inserting in place thereof the following:
6 Miscellaneous Expenses of Inmates and Patients. Amend
RSA 8:44, I, as amended, by striking out said paragraph and
inserting in place thereof the following:
I. The director of mental health shall determine for any
patient or inmate of the New Hampshire Hospital a uniform
monthly rate to cover the expenses of the several categories of
service provided to patients or inmates such as, but not neces-
sarily limited to the following: intensive medical care, treatment
and maintenance; intensive psychiatric care, treatment and
maintenance; and custodial care, treatment and maintenance.
The categories or classifications of service provided may be
House Journal, 6Mar74 63
modified from time to time as determined by the director of
mental health.
7 Effective Date.
I. Sections 1, 2, 3 and 4 of this act shall take effect upon
passage.
II. Sections 5 and 6 of this act shall take effect July 1, 1974.
Amendment adopted.
Ordered to third reading.
HB 2
making appropriations for capital improvements. Ought
to pass with amendment. Rep. Arthur F. Mann for Public
Works.
No analysis on this bill.
AMENDMENT
Amend the bill by striking out all after the enacting clause
and inserting in place thereof the following:
1 Appropriation. The sums hereinafter detailed in this
section are hereby appropriated for the projects specified to
the departments, agencies and branches named:
I. Adjutant General
Concrete floor — Manchester Armory $50,000
II. Administration and Control
(a) Restore and refurbish legis-
lative chambers and 3rd
floor of state house $160,000*
(b) Refurbish exterior of state house 80,000
(c) Renovate first floor toilets 30,000
(d) Clean and paint exterior-state library 50,000
(e) Renovations to Purchase and
Property Warehouse 68,000
Total Paragraph II 388,000
*The projects for which these appropriations are made shall, notwith-
standing any statutes to the contrary, be under the complete and sole
control of the Speaker of the House and President of the Senate jointly.
No part of this appropriation shall be expended for the Senate Chamber
proper.
64 House Journal, 6Mar74
III. Aeronautics Commission
(a) Nashua — Land for ILS
Less Federal
$240,000
180,000
Net Appropriation
(b) Lebanon — Taxiway
Less Federal
$112,000
84,000
60,000
Net Appropriation
28,000
Total Paragraph III 88,000
IV. Education — New Hampshire Voca-
tional-Technical Colleges
(a) Nashua
Automotive building — Design,
engineering, and working draw-
ings to be ready for 1975
Legislative Session $45,000
(b) Claremont
Allied health science building —
Design, engineering, and work-
ing drawings to be ready for
1975 Legislative Session 75,000
(c) Laconia
New equipment-graphic arts
presses and flame progation
chamber 89,900
(d) Berlin
Automotive shop addition 143,000
(e) Manchester
Library extension 225,000
Total Paragraph IV 577,900
V. Health & Welfare
(a) Office building — phase II —
Design, engineering, and work-
ing drawings to be ready for
1975 Legislative Session
$655,000
(b) N. H. Home for the Elderly
(Glencliff) — Laundry
83,600
(c) N. H. Hospital
(1) Reline fuel oil tanks
$18,000
(2) Equipment for main
building kitchen
25,000
(3) Plumbing, renovation,
etc. in south side
main building
69.000
(4) Plumbing, renovation,
etc. in north side
main building
86.000
House Journal, 6Mar74
65
(5) Dolloff building — reno-
vate to life safety code, etc.
(6) Reconstruction and reno-
vation of Tobey, Thayer,
Brown, and Walker buildings —
A. Design and engineer-
ing all four buildings
B. Reconstruction and
renovation of Tobey
building complete:
80,500
328,000
Construction
823,400
Contingencies
123,500
Equipment
40,000
Total Subparagraph (c)
1,593,400
(d) Laconia State School and
Training Center
(1) Laundry equipment
$55,000
(2) Dairy barn conversion
30,000
(3) Sewer line connection
15,000
(4) Renovate electrical
entrance and outside
wiring phase I
132,000
Total Subparagraph (d)
232,000
Total Paragraph V
VI. New Hampshire Youth Development
Center — one residential center
to be constructed within the
city of Manchester
Spaulding Cottage renovation
Total Paragraph VI
VII. Liquor Commission
Addition to Portsmouth store No. 38
VIII. Department of Resources and
Economic Development
(a) Relocation and reconstruc-
tion of forestry nursery
administration building,
laboratory, Bear Brook central
warehouse, and shop area.
(b) Division of Resources Development
(1) Land Acquisition
A. Bear Brook — Inholdings
200 acres, more or less
B. Bear Brook — Additional
land, 700 acres, more or less
Total subparagraph (b)
2,564,000
125,000
55,000
180.000
345,000
$65,000
40,000
140,000
180,000
66
House Journal, 6Mar74
(c) Division of Parks
(1) Land acquisition
Trail acquisition, ease-
ments, rights of way, etc
(AMC Trails)
80,000
(2) Engineering and construction
A. Bear Brook — new water
supply
49,000
B. Franconia — phase II
snowmaking, novice slope
development
95,000
C. Greenfield — construct
shower building and ex-
pand parking and picnick-
ing area
56,000
D. Odiorne Point — site
improvement at Frost Point
25,000
E. Pawtuckaway — sewage
dumping station and
beach expansion
40,000
Total Subparagraph (c) (2)
$265,000
Less federal assistance
61,480
(d) Capital projects — utility
construction — 5 year bonds
(1) Franconia Notch State
Park — tram overhaul
Total Paragraph VIII
IX. Department of Safety
(a) Office building
Plans and engineering only
including parking layout
and drawings
(b) Safety services
Boat house — rebuild and
expand
(c) State police
Renovate radio station
and building
Total Paragraph IX
X. Veteran's Home
Nursing care unit
Less federal funds
Net state appropriations Paragraph X
XI. State Prison
Improvements and repairs as
follows: replacing windows
$180,000
203,520
708,520
$250,000
35,000
8,000
293,000
$2,337,500
1,519,375
818,125
House Journal, 6Mar74 67
(main cell block), renovate
heating (main cell block), new
roofs on hospital and old boiler
rooms, No. 1 boiler conversion burn-
er, toilets for annex, renovate
annex, maximum security cells in
old hospital area 275,900
XII. Water Resources Board — Repairs,
reconstruction and rebuilding
of dams.
(a) Union Meadows $43,320
(b) Kingswood Lake 53,420
(c) Glen Lake 151,620
(d) Howe Reservoir 29,640
(e) Winnisquam Lake 114,000
Total Paragraph XII 392,000
XIII. Water Supply and Pollution
Control Commission
Regional waste treatment plant
Winnipesaukee River Basin $20,086,000
Less federal funds 15,064,500
Less local funds 1,004,300
Net state appropriation Paragraph XIII 4,017,200
XIV. Public Works and Highway,
Department of
Constractual maintenance projects:
5 year bonds
New Hampshire Hospital
Concord, N. H.
(a) Overhauling elevators $40,000
(b) Reinsulate warehouse freezer 12,000
Total Paragraph XIV 52,000
Total state appropriation Section 1 $10,749,645
2 Appropriation, University of New Hampshire. The sums
hereinafter detailed in this section are hereby appropriated for
the projects specified, including but not limited to the pur-
chasing, constructing, furnishing and equipping thereof, to the
trustees of the University of New Hampshire system:
I. Merrimack Valley Branch
(a) Development of outside
utilities $3,750,000
(b) Construction of first
building 1,668,000
68 House Journal, 6Mar74
(c) Design and working drawings
of second building 175,000
Total Paragraph I
$5,593,000
II. Keene Campus
Renovation of former Elliot
Hospital
700,000'
III. Plymouth Campus
New academic buildings complete
4,000,000
IV. Durham Campus
Complete renovation of James,
Morrill, Murkland, and Kingsbury
Halls to conform with N. H. Life
Safety Code
486,000'
V. All Campuses
Phase I of installation of fire
detection systems in various
buildings to comply with N. H.
Life Safety Code 82,000*
VI. Snively Arena — Fire doors, safety
lights and devices to meet Life
Safety Code 18,000
Total state appropriation Section 2 $10,879,000
* These funds shall not be transferred or used for any other
purposes and is the total amount to be appropriated and/or
expended for all renovation or conversion of the Elliott prop-
erty to university use.
**These funds shall not be transferred or used for any
other purposes.
3 Appropriation; Self-Liquidating. The sum of two million
one hundred eighty-three thousand dollars is hereby appropri-
ated for the purpose of constructing, furnishing, and equipping
housing and dining facilities and utilities at the University of
New Hampshire as follows:
Durham campus
Dormitory 2,183,000
Total section 3 2,183,000
4 Expenditures, General. The appropriation made for the
purposes mentioned in sections 1 and 13, and the sums avail-
able for those projects, shall be expended by the trustees, com-
House Journal, 6Mar74 69
mission, commissioner, or department head of the institutions
and department referred to herein, provided that all contracts
for projects and plans and specifications therefor, shall be
awarded in accordance with the provisions of RSA 228.
5 Expenditures, University of New Hampshire,
I. The appropriations made for the purposes mentioned
in sections 2 and 3 and the sums available for these projects
shall be expended by the trustees of the University of New
Hampshire. All contracts for the construction of all or any part
of said building or facilities shall be let only after competitive
sealed bids have been received and only after an advertisement
calling for such bids has been published at least once in each
of two successive calendar weeks in a newspaper of general cir-
culation in New Hampshire or in a trade journal known to be
circulated among the contractors from whom bids will be
sought with the state of New Hampshire or elsewhere in the
area. The first publication of such advertisement shall be not
less than thirty days prior to the date the bids will be received.
All conditions considered, wherever possible, it is recommended
that the services of New Hampshire architectural and construc-
tion firms be considered within the discretion of the trustees.
n. Availability of Appropriation. The appropriations made
in sections 2 and 3 are available for all costs incidental to the
erection, furnishing, and equipping of these facilities including
the necessary extension of utilities and includes the cost of the
services of architects, ens^ineers, and other consultants of such
kind and capacity as the university board of trustees may, in its
discretion, wish to employ on such terms and conditions as the
board determines, and include the cost of furnishing and equip-
ping the facilities with moveable equipment and furnishings
not affixed to the buildings, and which are not listed in the
specifications approved for implementation of the construction
plans. These monies shall be spent under the direction of the
university board of trustes.
III. Rejection of Low Bids. If, in the judgment of the
trustees of the university, just cause exists indicating the lowest
bid should be rejected, then the contract may be awarded to the
next lowest bidder, or if the next lowest bid should be rejected,
the contract may be awarded to the third lowest bidder.
IV. Rejection of Ajl Bids. The board of trustees of the
70 House Journal, 6Mar74
university has the right to reject any and all bids and, if the
lowest bid is in excess of the appropriation, the board has the
right to negotiate with the low bidder or with the three lowest
bidders for a contract for the construction upon terms considered
most advantageous to the university. If only one bid is received,
the board of trustees may negotiate a contract for the construc-
tion on terms considered most advantageous to the university
and to the state. Any authorization contained in this act which
is a variance with the requirements of applicable federal law
and regulations shall be controlled by the terms of the federal
law and regulations.
6 Land Acquisition. Any land acquired under the appro-
priations made in sections 1 and 13, except such land, if any,
as may be acquired under the appropriation for water resources
board, shall be purchased by the commissioner of public works
and highways, with the approval of governor and council.
7 Bonds Authorized. To provide funds for the total of the
appropriations of state funds made in sections 1, 2 and 3 of this
act, the state treasurer is hereby authorized to borrow upon the
credit of the state not exceeding the sum of twenty-three million
eight hundred eleven thousand six hundred forty-five dollars
and for said purpose may issue bonds and notes in the name and
on behalf of the state of New Hampshire in accordance with the
provisions of RSA 6-A; provided, however, that the bonds issued
for the purposes of section 1, subparagraph VHI (d) and para-
graph XIV of this act, shall have a maturity date of five years
from date of issue, and provided further that the bonds issued
for the purposes of section 3 of this act shall have a maturity
date of thirty years from the date of issue.
8 Payments. The payment of principal and interest on
bonds and notes issued for the projects in sections 1, 2, 3 and
13 shall be made when due from the general funds of the state.
9 Liquidation. The state treasurer is authorized to deduct
from the fund accruing to the university under RSA 187:24, or
appropriation in lieu thereof, for each fiscal year such sums as
may be necessary to meet interest and principal payments in
accordance with the terms and conditions of the bonds or notes
issued for the purposes of section 2 and 3 hereof.
10 Powers of Governor and Council. The .a:overnor and
council are hereby authorized and empowered:
&^
House Journal, 6Mar74 7 1
I. To cooperate with and enter into such agreements with
the federal government or any agency thereof, as they may deem
advisable, to secure federal funds for the purposes hereof.
II. To accept any federal funds which are, or become avail-
able for any project under sections 1 and 13 beyond the esti-
mated amounts. The net appropriation of state funds for any
project for which such additional federal funds are accepted
shall be reduced by the amount of such additional funds, and
the amount of bonding authorized by sections 7 or 14, which-
ever is applicable, shall be reduced by the same amount.
11 Transfers. The individual project appropriations, as
provided in sections 1, 2, 3 and 13 shall not be transferred or
expended for any other purposes; provided, however, that the
governor and council may transfer any balance estimated to be
available upon completion of an individual project to other
projects within the same section.
12 Reduction of Appropriations and Bonding Authority.
If the net appropriation of state funds for any project provided
for by sections 1, 2, 3 and 13 is determined on the basis of an
estimate of anticipated federal, local or other funds, and if the
amount of such funds actually received or available is less than
said estimate, then the total authorized cost for such project and
the net appropriation of state funds therefor each shall be re-
duced by the same proportion as the proportion by which fed-
eral, local or other funds are reduced. The amount of bonding
authorized by sections 7 or 14, whichever is applicable, shall be
reduced by the amount that the appropriation of state funds
is reduced pursuant to this section.
13 Water Resources Board Appropriation. The sums here-
inafter detailed in this section are hereby appropriated for the
projects specified, for capital improvements and long-term re-
pairs thereto, to the water resources board:
I. Baker River Watershed Project
Sites 6-A, 7, and 11-A $2,850,350
Less federal funds 2,158,575
Less other funds 81,000
Net state appropriation paragraph I $610,775
II. Cold River Watershed Project
Site 6 (jointly with state of Me.) 345,700
72 House Journal, 6Mar74
Less other funds 34,000
Less federal funds 296,000
Net state appropriation paragraph II 15,700
III. Souhegan River Watershed — Site No. 33 2,500
Total state appropriation section 13 $628,975
14 Bonds Authorized. To provide funds for the total of
the appropriations made of state funds in section 13 of this act,
the state treasurer is hereby authorized to borrow upon the
credit of the state not exceeding the sum of six hundred twenty-
eight thousand nine hundred seventy-five dollars and for said
purposes may issue bonds and notes in the name and on behalf
of the state of New Hampshire in accordance with the provi-
sions of RSA 6-A.
15 Appropriation Extension. The appropriation made to
the water resources board by 1971, 559, X, for the specified
capital expenditures shall be available for expenditure until
July 1, 1977.
16 Certain Parks Appropriations of 1971 Extended. The
following appropriations to the division of parks, for the speci-
fied capital improvements, shall be available for expenditure
until July 1, 1976:
I. 1971, 559:1, VII, (1), (a), (i) , Franconia Notch State
Park, tramway cable.
II. 1971, 559:1, VII, (1), (b) , Berlin wayside and recrea-
tion area.
III. 1971, 559:1, VII, (1), (g) , dredging and improve-
ments of Hampton Harbor.
17 Appropriation for Hooksett Liquor Store Extended.
Amend 1972, 42 by inserting after section 4 the following new
section:
42:4-a Appropriation Extended. Notwithstanding any
other statute to the contrary the appropriation made by this
act shall be available for expenditure up to July 1, 1976.
18 Aeronautics Commission. Amend the footnote in Laws
of 1969, 504:1, III, as amended by Laws of 1972, 63:3, by add-
House Journal, 6Mar74 73
ing to the footnote the following new paragraph (The pro-
visions within this footnote which appear prior to this inser-
tion shall not apply to paragraphs III, (b) and (d) , but said
appropriations shall be matched with any applicable federal
funds and shall, notwithstanding the provisions of RSA 9:18,
not lapse until June 30, 1974.)
19 Angle Pond Appropriation Increased. Amend Laws of
1969, 489:3, by striking out said section and inserting in place
thereof the following:
489:3 Expenditure Authorized. The water resources board
is hereby authorized to expend a sum of money not to exceed
thirty thousand dollars for use in acquiring, repairing and
maintaining the dam on North River Pond in the town of
Nottingham and the dam at the outlet of Angle Pond in the
town of Sandown which shall be a charge against the fund
established in RSA 270:5, VII.
20 Pisgah Road Appropriation Reduced and Extended.
Amend Laws of 1971, 559:1, VII, (1) , (e) , by striking out the
same and inserting in place thereof the following:
(e) Pisgah Road Improvements $102,500
Less federal funds 40,000
Total $62,500*
*Within this appropriation the sum of $22,500 provides
for nonfederal BOR participation projects. This appropriation
shall not lapse until June 30, 1976.
21 Reducing the Appropriation for the Soldiers' Home.
Amend Laws of 1971, 559:1, VIII, by striking out said para-
graph and inserting in place thereof the following:
VIII. Soldiers' Home
Engineering services — renovations 2,000
22 Reducing the 1971 Capital Budget Bonding. Amend
Laws of 1971, 559:8, as amended, by striking out said section
and inserting in place thereof the following:
559:8 Bonds Authorized. To provide funds for the appro-
priations made in sections 1, 2, 3 and 16 of this act, the state
treasurer is hereby authorized to borrow upon the credit of the
74 House Journal, 6Mar74
state not exceeding the sum of eleven million four hundred
one thousand one hundred sixty-five dollars and for said pur-
poses may issue bonds and notes in the name and on behalf of
the state of New Hampshire in accordance with the provisions
of RSA 6-A; provided, however, that the bonds issued for the
purposes of section 3 of this act shall have a maturity date of
thirty years from the date of issue.
23 Effective Date. This act shall take effect upon its passage.
Amendment adopted.
Referred to Appropriations.
HB 5
establishing an emergency energy authority and making an
appropriation therefor. Ought to pass with amendment. Rep.
Roderick H. O'Connor for Executive Departments and Ad-
ministration.
Strikes out original HB 5 including the title and appropria-
tion. Updates the 1923 RSA 339:39 to include emergency
regulation of the use of electric power in the duties of the
"fuel administrator," newly entitled the "energy adminis-
trator." His powers do not include control of production,
siting, eminent domain, local ordinances, or transfer of
funds or personnel. Rules and regulations made by the en-
ergy administrator may be modified or rescinded by the
Governor and Council. A process of appeal to the Superior
Court base been added as RSA 339:43.
AMENDMENT
Amend the title of the bill by striking out same and insert-
ing in place thereof the following:
AN ACT
relative to the office of energy administrator.
Amend the bill by striking out all after the enacting clause
and inserting in place thereof the following:
1 Appointment of Administrator. Amend RSA 339:39 by
inserting in line three after the word "fuel" the following (or
electrical energy) and by striking out in line four the words "a
fuel" and inserting in place thereof the following (an energy)
so that said section as amended shall read as follows:
House Journal, 6Mar74 75
339:39 Appointment; Tenure. If at any time the governor
and council shall determine that an emergency exists requiring
public regulation of the supply and sale of fuel or electrical
energy for any purpose, the governor, with the advice and con-
sent of the council, may appoint an energy administrator, who
shall hold office until the governor and council shall determine
that the emergency has ceased to exist.
2 Regulations of Administrator. Amend RSA 339:40 by
striking out said section and inserting in place thereof the fol-
lowing:
339:40 Regulations. The energy administrator shall have
authority to make such rules and regulations with respect to the
sale, distribution and use of fuel and electrical energy, includ-
ing the fixing of prices and standards, as the public good may
require.
3 Investigations. Amend RSA 339.41 by inserting in line
three after the word "fuel" the following (or electrical energy)
so that said section as amended shall read as follows:
339:41 Investigations. He shall have authority to compel
the attendance of witnesses and the production of documents,
may examine the books and papers of producers of or dealers
in fuel or electrical energy and may compel the cooperation of
all officers, boards, commissions and departments of the state
having information that may assist him in making investigations
in the discharge of his dutes.
4 Appeal to Courts. Amend RSA 339:43 by striking out
said section and inserting in place thereof the following:
339:43 Appeal. The governor and council, on appeal by
any interested party, may modify or rescind any rule or regula-
tion made by the energy administrator. Any person who shall
be injured in fact by any rule, regulation, or ruling of the ener-
gy administrator which shall be sustained by the governor and
council may appeal to the superior court of the county in which
such person resides or does business. The superior court shall
conduct a hearing de novo on the validity of such rule, regula-
tion or ruling.
5 Penalty. Amend RSA 339:44 (supp), as amended, by
striking out in line three the word "fuel" and inserting in place
thereof the following (energy) so that said section as amended
shall read as follows:
76 House Journal, 6Mar74
339:44 Penalty. Any person who shall knowingly violate
any provision of this or the preceding subdivision, or shall fail
to comply with any rule or regulation of the energy administra-
tor issued in accordance herewith, shall be guilty of a misde-
meanor if a natural person, or shall be guilty of a felony if any
other person.
6 Effective Date. This act shall take effect upon its passage.
Amendment adopted.
Rep. McLane explained the bill.
(discussion)
Rep. Daniell offered an amendment and spoke in favor of
his amendment.
AMENDMENT
Amend the amendment by striking out section 6 of the
bill and inserting in place thereof the following:
6 Additional Duties of the Administrator. Amend RSA
339 by inserting after section 41 the following new sections:
339:41-a Antitrust Legal Action. The energy administra-
tor shall cooperate fully with all states, in particular Michigan
and Connecticut, in taking legal action against any of the na-
tional oil companies doing business in this state for violation
of the federal and state antitrust laws. He shall assist to what-
ever extent possible the attorneys representing such states in
furnishing them with information pertaining to the oil in-
dustry of this state which might be helpful to their legal actions.
With the consent of the governor and council, he is au-
thorized to retain legal counsel to have this state join with other
states or take action on its own under the antitrust laws of the
state or nation.
339:41-b Protection of Retail Dealers; Report. The energy
administrator shall further be responsible for developing pro-
tective measures and general assistance for the defense of the
rights of New Hampshire gasoline station operators and retail
fuel oil distributors from their suppliers.
Within thirty days of the convening of any regular or
special session of the legislature, he shall issue a report with
House Journal, 6Mar74 77
his recommendations for changes or additions to the state laws
for the purpose of accomplishing the objectives of this statute.
7 Appropriation. There is hereby appropriated for the
biennium ending June 30, 1975 the sum of fifty thousand dol-
lars to be expended by the fuel administrator to carry out the
objectives and purposes of RSA 339:39 through 44. The gov-
ernor is authorized to draw his warrant for said sum out of any
money in the treasury not otherwise appropriated.
8 Effective Date. This act shall take effect upon its passage.
Rep. McLane spoke in favor of the Daniell amendment.
Rep. Gallen non-spoke in favor of the Daniell amendment.
Reps. Coutermarsh and Sununu spoke in favor of the bill.
Daniell amendment adopted.
Referred to Appropriations.
HB 24
permitting the use of changeable effective date designa-
tions, such as decals, on all motor vehicle and boat registration
plates; authorizing the governor and council to establish tem-
porary speed laws; and exempting certain functions relative to
motor vehicles and highways from the provisions of the admin-
istrative procedures act. Ought to pass with amendment. Rep.
Hamel for Transportation.
This bill (1) allows decals on all types of motor vehicles
and boat plates (2) clarifies the law to allow lower speed
limits during a national emergency but requires review
each year (3) modifies administrative procedures act: a)
to exempt Department of Public Works and Highways
only concerning highway signs, road markings, driveway
permits, etc. b) relieves Fish and Game from necessity of
spending over $80,000 to publish their regulations in a
newspaper under this law.
AMENDMENT
Amend the title of the bill by striking out same and insert-
ing in place thereof the following:
78 House Journal, 6Mar74
AN ACT
permitting the use of changeable effective date designations,
such as decals, on all motor vehicle and boat registration
plates; authorizing the governor and council to establish
temporary speed laws; exempting certain functions relative
to motor vehicles and highways from the provisions of the
administrative procedures act; and exempting the department
of fish and game from procedural requirements of their rule
making under Title XVIII, until June 30, 1975.
Amend RSA 262: 1-a as inserted by section 4 of the bill, by
striking out in line fifteen the words "director of motor vehi-
cles" and inserting in place thereof the following (commissioner
of safety) , so that said section as amended shall read as follows:
262: 1-a Traffic Safety Fund. The proceeds from original
license fees as provided in RSA 262:11 and the special fees for
initial number plates collected in accordance with RSA 260: 10-a,
and number plates for citizens' band operators in accordance
with RSA 260:ll-b, after costs of such plates or designation of
effective periods thereof and issuance of same have been appro-
priated and deducted, shall be expended solely for courses of
instruction and training in safe motor vehicle driving conducted
in or under the supervision of secondary schools. No portion of
such funds shall lapse nor be used for any other purposes, nor
be transferred to any other appropriation. After all costs of
administration of the program each year of the biennium have
been reserved, the remaining balance shall be paid to the state
treasurer by June 30 of each year. Such balance shall be kept
in a separate fund which shall be paid out on or before Septem-
ber 15 of each year to participating schools prorated on a per-
pupil basis for those who have completed the driver education
program.. Subject to final approval by the governor and council,
the commissioner of safety jointly with the commissioner of
education shall promulgate and publish rules and regulations
governing the courses of instruction and training and determin-
ing eligibility of secondary schools to receive monies from
the fund established by this section.
Amend RSA 262-A:56, III, as inserted by section 9 of the
bill, by striking out in line five the word (twenty-four) and in-
serting in place thereof the following (twelve), so that said para-
graph as amended shall read as follows:
House Journal, 6Mar74 79
III. The commissioner shall keep and maintain a full and
complete record of all temporary speed zones established pur-
suant to paragraph II and all alterations, amendments or re-
moval thereof. Such temporary speed limits shall remain in
effect until rescinded by the governor and council, or twelve
months from the effective date of establishment, whichever oc-
curs first. Said temporary speed limits may be reimposed, with
or without lapse, as hereinbefore provided.
Amend section 1 1 of the bill by striking out said section
and inserting in place thereof the following:
1 1 Replacement Plates. Amend RSA 260 by inserting after
section 9 the following new section:
260:9-a Replacement of Motor Vehicle Plates. In the event
the director of motor vehicles issues changeable effective date
designations, and the number plates previously issued to the
registered owner, including intial number plates and other
special plates, have become damaged, multilated, illegible or
one plate has been lost, said registered owner may apply in
writing to the director for replacement plates alleging that said
plates are damaged, mutilated, illegible or one plate has been
lost and if the director finds that the allegation is true, the di-
rector shall issue without charge two replacement plates. An
application for replacement plates shall be considered only
once each registration year and only during the period of years
that changeable date designations are utilized, in all other cases
plate replacement shall be made pursuant to RSA 263-4.
Amend RSA 541-A:10 as inserted by section 12 of the bill
by striking out paragraph VI and inserting in place thereof the
following:
VI. RSA 249: 13 relative to excavation permits.
VII. RSA 249: 17 relative to driveway permits.
VIII. RSA 254:3 relative to licensing utility poles and
appurtenances with public highways.
Amend the bill by striking out section 13 of same and
inserting in place thereof the following:
13 Exempting Fish and Game Department from Proced-
ural Requirements of RSA Title XVIII. Notwithstanding any
other provisions of RSA Title XVIII, such rules and regula-
80 House Journal, 6Mar74
tions as the department is required to adopt in order to be not
in violation of RSA 541 -A may be adopted until June 30, 1975,
and take effect in accordance with no other statutes than RSA
541-A:3 and 4, provided, however, the effective date shall be
the twentieth day after it has been filed in accordance with
RSA 54 1 -A: 4, I, or such later date as the rule or regulation
specified. This section shall not be deemed to nullify the pro-
visions of and effect of the laws of 1973, 507:4.
14 Effective Date.
I. Sections 1, 2, 3 and 4 of this act shall take effect on
April 1, 1975.
II. Sections 5, 6, 7, 8 and 1 1 of this act shall take effect on
January 1, 1975.
III. Sections 9, 10, 12 and 13 of this act shall take effect
on passage.
At the request of Rep. Richard L. Bradley, Rep. Hamel
answered questions.
Amendment adopted.
Rep. James W. Murray moved that the words, inexpedient
to legislate, be substituted for the committee report, ought to
pass with amendment, and spoke in favor of the motion.
(discussion)
Reps. Hamel and Curran spoke against the motion.
Rep. Richard L. Bradley spoke in favor of the motion.
Rep. Gerry F. Parker moved that HB 24 be recommitted
to the committee on Transportation.
Rep. Hamel spoke against the motion.
Rep. Horan spoke in favor of the motion.
Motion to recommit lost.
Rep. James W. Murray moved that HB 24 be divided into
4 sections as follows: 1 through 8, first section; 9 through II,
second section; 12 third section and 13 fourth section.
Rep. Pi»rker spoke in favor of the motion.
Rep. Murray subsequently withdrew his motion to divide.
House Journal, 6Mar74 8 1
The question now being on the motion to substitute, in-
expedient to legislate, for the committee report, ought to pass
with amendment.
Rep. Parker requested a division.
HI members having voted in the affirmative and 128 in
the negative, the motion failed.
Ordered to third reading.
HB 27
relative to carrying a loaded pistol on an OHRV, as defined
in RSA 269-C. Ought to pass with amendment. Rep. Hamel for
Transportation.
The bill as amended does the following to the off highway
vehicle law (HB 10 of the 1973 Session) : (1) clarifies the
definition of an off highway recreational vehicle so that
they do not come under the law when used for transporta-
tion only (2) defines limited and controlled access high-
ways more clearly (3) removes the words "and in a case
or holster" from the OHRV law (RSA 269-C: 15).
AMENDMENT
Amend the title of the bill by striking out same and insert-
ing in place thereof the following:
An Act
relative to amending certain provisions of the Off
Highway Recreational Vehicle Law, RSA 269-C.
Amend the bill by striking out everything after the enact-
ing clause and inserting in place thereof the following:
1 Off Highway Recreational Vehicle Defined. Amend RSA
269-C: 1, VI, (supp) as inserted by 1973, 560:1, by inserting in
line seven after the word "definition" the following (provided
that, when said motor vehicle is being used for transportation
purposes only, it shall be deemed that said motor vehicle is not
being used for recreational purposes.) , so that said paragraph
as amended shall read as follows:
VI. "Off Highway Recreational Vehicle" means any me-
chanically propelled vehicle used for pleasure or recreational
purposes running on rubber tires, belts, cleats, tracks, skiis or
82 House Journal, 6Mar74
cushion or air and dependent on the ground or surface for
travel, or other unimproved terrain whether covered by ice or
snow or not, where the operator sits in or on the vehicle. All
legally registered motorized vehicles when used for off highway
recreational purposes shall fall within the meaning of this defi-
nition; provided that, when said motor vehicle is being used
for transportation purposes only, it shall be deemed that said
motor vehicle is not being used for recreational purposes. For
purposes of this chapter "off highway recreational vehicle"
shall be abbreviated as OHRV.
2 Limitations of OHRV Use on Public Highways. Amend
RSA 269-C:7, I and 11 (supp) , as inserted by 1973, 560:1, by
striking out said paragraphs and inserting in place thereof the
following:
I. During the period beginning one-half hour before sun-
rise and ending one-half hour after sunset a person may operate
a snow traveling vehicle on the rights of way, exclusive of
traveled portions, sidewalks and plowed snowbanks, of public
highways other than interstate highways, toll roads, or limited
access highways except those limited access highways designated
as controlled access highways by the commissioner of the de-
partment of public works and highways.
II. Highway crossings for established OHRV trails may be
granted by written permission from the commissioner of the
department of public works and highways or his representative.
No direct crossings of interstate highways or toll roads will be
permitted. No direct crossings of limited access highways, ex-
cept those designated as controlled access highways by the com-
missioner of the department of public works and highways will
be permitted. The commissioner of the department of public
works and highways may issue written permission for OHRV
trail crossings either under or over interstate toll or limited
access highways. The policy governing such OHRV trail cross-
ings and OHRV trail crossings on class I, class II, class III and
limited access highways designated as controlled access high-
ways by the commissioner of the department of public works
and highways, shall be as determined by the commissioner of
public works and highways.
3 Loaded Firearms Forbidden with Certain Exceptions.
Amend RSA 269-C:15 (supp), as inserted by 1973, 560:1, by
House Journal, 6Mar74 83
striking out said section and inserting in place thereof the fol-
lowing:
269-C:15 Loaded Firearms Forbidden. No person shall
carry on an OHRV, or a trailer towed by same, any firearms
unless said firearms is unloaded. This section shall not apply
to law enforcement officers carrying firearms in the course of
duty. Loaded firearms carried under permits issued under RSA
159 are included in the above regulation.
4 Effective Date. This act shall take effect sixty days after
its passage.
At the request of Rep. Read, Rep. Hamel answered ques-
tions.
Rep. Hamel yielded to Rep. French to answer questions.
(discussion)
Amendment adopted.
Reps. Gorman and Chase offered an amendment.
AMENDMENT
Amend RSA 269-C:15 as inserted by section 3 of the bill
by striking out said section and inserting in place thereof the
following:
269-C:15 Loaded Firearms Forbidden. No person shall
carry on an OHRV, or a trailer towed by same, any firearms
unless said firearm is unloaded. This section shall not apply
to law enforcement officers carrying firearms in the course of
duty or to pistols carried under a permit issued pursuant to
the authority of RSA 159.
The clerk read the amendment in full.
Reps. Gorman, Chase, Laurent J. Boucher, George E.
Gordon and Erler spoke in favor of the amendment.
(discussion)
Reps. French and D'Amante spoke against the amendment.
Reps. Pryor, Oleson, Burrows, Splaine, Hood, Maguire,
84 House Journal, 6Mar74
Allen, Metcalf and Donnelly non-spoke in favor of the amend-
ment.
Ordered to third reading.
On a w the Speaker was in doubt and requested a division.
It being manifestly in the affirmative the Gorman and
Chase amendment was adopted.
REREFERRAL
The Speaker rereferred HCR 4, relative to a new f>oint rule
No. 32, to the Committee on Joint Rules.
The Speaker announced that today Rep. Bigelow is cele-
brating his 62nd birthday and Rep. Alukonis his 39th birthday.
RESOLUTION
Rep. George B. Roberts, Jr. moved that all bills ordered to
third reading, be read a third time by this resolution and that
all titles of bills be the same as adopted, and that they be passed
at the present time, unless otherwise ordered by the House,
and that when the House adjourns today it be to meet tomorrow
at 10:00 a.m.
Adopted.
Third reading and final passage
HB 12, conforming tax commission references in the cur-
rent use taxation law to the revised revenue administration
laws.
HB 25, changing the reporting date for the study commis-
sion on the problems of unemployed citizens in New Hamp-
shire.
HB 13, repealing the termination date of RSA 357-B.
HB 29, relative to tuition payments for handicapped chil-
dren; amending the appropriation for same; defining a handi-
capped child as a person up to the age of twenty-one; and pro-
viding for educational and other expenses in public institutions.
HB 24, permitting the use of changeable effective date
House Journal, 7Mar74 85
designations, such as decals, on all motor vehicle and boat
registration plates; authorizing the governor and council to
establish temporary speed laws; exempting certain functions
relative to motor vehicles and highways from the provisions of
the administrative procedures act; and exempting the depart-
ment of fish and game from procedural requirements of their
rule making under Title XVIII, until June 30, 1975.
HB 27, relative to amending certain provisions of the Off
Highway Recreational Vehicle Law, RSA 269-C.
On motion of Rep. Arthur F. Mann the House adjourned
at 1:38 p.m. in honor of Rep. Bigelow's birthday.
Thursday^ 7Mar74
The House met at 10:00 o'clock.
Prayer was offered by Rep. Barrus.
Our God, the God of our fathers, strengthen us to do the
work that is before us, guide us in the ways of righteousness and
truth; make us responsible to the needs of others, encourage us
to remember that when we do what is right, we are doing Thy
will.
We pray, our Father, that Thou will be with this House,
and that Thy Spirit will be in this chamber and with this State
this day and in the days to come. Amen.
PLEDGE OF ALLEGIANCE
Rep. David J. Bradley led the Pledge of Allegiance.
LEAVES OF ABSENCE
Reps. Tripp, Grady and Southwick, the day, illness.
Rep. Gary, indefinite, illness.
Reps. Albert C. Jones and Helen F. Wilson, the day, im-
portant business.
RESOLUTION
Rep. Zachos offered the following resolution:
86 House Journal, 7Mar74
Resolved, that in accordance with the list in the possession
of the clerk, House Bills numbered 36 and 37 shall be by this
resolution read a first and second time by the therein listed
titles, laid on the table for printing and referred to the therein
designated committees.
Adopted.
INTRODUCTION OF HOUSE BILLS
First, second reading & referral
HB 36, permitting the sale of milk in three quart contain-
ers. (Rules Committee for Rep. Campbell of Rockingham Dist.
5 — To Environment and Agriculture) .
HB 37, to provide for the repeal of the law tending to pro-
hibit hitchhiking. (Rules Committee for Rep. Parker of Hills-
borough Dist. 17 — To Transportation) .
ENROLLED BILLS REPORT
HB 9, increasing the debt limit for the Londonderry school
district.
HB 28, authorizing Franklin Pierce College to grant the
degree of juris doctor,
Mabel L. Richardson
For the Committee
COMMITTEE REPORTS
HB 1
making supplemental appropriations for expenses of cer-
tain departments of the state for the fiscal years ending June 30,
1974 and June 30, 1975 and making other budgetary changes.
Ought to pass with amendment. Rep. Drake for Appropriations.
House Journal, 7Mar74
87
AMENDMENT
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152 House Journal, 7Mar74
At the request of Rep. Nelson, Rep. Drake answered ques-
tions.
Amendment adopted.
Ordered to third reading.
HB 3
relative to establishment of a food stamp program and
making an appropriation therefor. Ought to pass with amend-
ment. Rep. Drake for Appropriations.
AMENDMENT
Amend the bill by striking out all after section 1 and in-
serting in place thereof the following new sections:
2 Appropriation. There is hereby appropriated to the divi-
sion of welfare of the department of health and welfare for the
fiscal year ending June 30, 1974 and for the fiscal year ending
June 30, 1975 the following sums which shall be expended as
follows:
1974 1975
Food Stamp Program:
Personal Services:
Permanent
$73,996
$656,258
Other
2,162
25,945
Current Expenses
15,083
136,222
Travel:
In-State
4,186
36,570
Out-of-State
364
3,180
Equipment
60,505
18,632
Other Expenditures:
Merit System
328
2,848
Benefits
7,234
64,802
System Development
and Support
73,596*
57,460
Coupon Issuance
4,500*
537,900
Staff Training
—
3,000
1,400
rOTAL
$244,954
$1,541,217
Estimated Source of Funds for Food
Stamp Program:
Federal $47,563 $384,690
House Journal, 7Mar74 153
General 197,391 1.156,527
TOTAL $244,954 $1,541,217
*This appropriation shall not lapse until June 30, 1975.
The orovernor is authorized to draw his warrant for the sums
hereby appropriated out of any money in the treasury not other-
wise appropriated,
3 Personnel to Establish Appropriate Salary Grades. Ex-
penditure of the funds appropriated in this act for the establish-
ment of new classified positions shall be subject to final deter-
mination by the department of personnel as to the appropriate-
ness of the salary grades.
4 Effective Date. This act shall take effect upon its passage.
Rep. Nelson moved that the words, inexpedient to legislate,
be substituted for the committee report, ought to pass with
amendment, and spoke in favor of the motion and subsequently
withdrew his motion.
Rep. Drake explained the bill.
Amendment adopted.
Ordered to third reading.
HB 4
providing supplemental grants to families with dependent
children and making an appropriation therefor and authorizing
flat grant payments for categorical assistance. Ought to pass
with amendment. Rep. Drake for Appropriations.
AMENDMENT
Amend the bill by striking out the four whereas clauses.
Further amend the bill by striking out all after the enact-
ing clause and inserting in place thereof the following:
1 Appropriation. There is hereby appropriated to the divi-
sion of welfare, department of health and welfare, the sum of
six hundred forty-one thousand four hundred seventy-six dol-
lars from the general funds of the state, and one million forty-
eight thousand eight hundred forty-two dollars from federal
154 House Journal, 7Mar74
funds for the 1975 fiscal year for the purpose of improving the
assistance standards for recipients of aid to families with de-
pendent children. Such sums shall be in addition to any other
sums appropriated to the division of welfare for the fiscal year
ending June 30, 1975. The governor is authorized to draw his
warrant for the sums hereby appropriated out of any money
in the treasury not otherwise appropriated.
2 Authorizing Flat Grant Payments. Amend RSA 167:7, as
amended, by striking out said section and inserting in place
thereof the following:
167:7 Amoimt of Assistance. The director of the division
of welfare, department of health and welfare, shall establish
standards of assistance, and shall determine the amount of as-
sistance to be granted under this chapter or RSA 161. In the de-
termination of assistance due regard shall be given to income
and resources of recipients and the funds appropriated for pur-
poses of this chapter and RSA 161. The director of the division
of welfare shall in appropriate cases give notice to (consult
with) the proper officials of counties or towns hereby required
to contribute to the cost thereof.
3 Effective date. This act shall take effect upon its passage.
Rep. George I. Wiggins moved that the words, inexpedient
to legislate, be substituted for the committee report, ought to
pass with amendment, and spoke in favor of the motion, and
subsequently withdrew his motion.
Amendment adopted.
Ordered to third reading.
HB 17
increasing the mileage rate for all state employees using
privately owned passenger vehicles and making an appropria-
tion therefor. Ought to pass with amendment. Rep. Drake for
Appropriations.
AMENDMENT
Amend the bill by striking out all after the enacting clause
and inserting in place thereof the following:
1 Mileage Rate. Amend RSA 99-A:l, as inserted by 1955,
257:1, as amended, by striking out said section and inserting in
place thereof the following:
House Journal, 7Mar74 L55
99-A:l State Officials and Employees. State officials and
employees required to use their private cars in the conduct of
official business for the state shall be reimbursed for mileage at
a rate of twelve cents per mile.
2 Appropriation. There are hereby appropriated for fiscal
year ending June 30, 1975 for the purpose of section 1 of this
act the following sums: $64,126 from general funds, $35,452
from highway funds, $1,000 from fish and game funds, $30,409
from special funds. The governor is authorized to draw his war-
rant for the money hereby appropriated which shall be a charge
against the general fund and against each special fund as desig-
nated.
3 Effective Date. This act shall take effect July 1, 1974.
Amendment adopted.
Ordered to third reading.
HB 33
relative to the Winnipesaukee River Basin Control; and
providing for continuation of the study committee on the water
supply and pollution control commission. Ought to pass with
amendment. Rep. Drake for Appropriations.
AMENDMENT
Amend RSA 149-G:6, I as inserted by section 2 of the bill,
by striking out said paragraph and inserting in place thereof
the following:
I. The commission shall annually, at the beginning of each
fiscal year, assess each municipality served by the regional sew-
age disposal facilities provided for by this chapter, a sum suffi-
cient to recover its proportional share of the total in relation
to the total costs estimated to be incurred during said fiscal
year in treating, transporting and disposal of sewage of the com-
munities served and those to be served; the proportional share
of each community shall be determined by the procedure pro-
vided for in paragraph IV.
Amend RSA 149-G:6, II, as inserted by section 2 of the
bill, by striking out said paragraph and inserting in place there-
of the following:
II. The commission shall annually, at the beginning of
156 House Journal, 7Mar74
each fiscal year, assess each municipality served or to be served
by the regional sewage disposal facilities provided for by the
provisions of this chapter the costs estimated to be incurred
during said fiscal year in administering this chapter, plus a
charge for amortization charges thereon of all facilities amount-
ing to five percent of the total amortization charges, meaning
principal and interest, thereon. The proportional share of
each community's costs shall be determined by the procedure
provided for in paragraph IV.
Amend RSA 149-G:6, III, as inserted by section 2 of the
bill, by striking out said paragraph and inserting in place there-
of the following:
III. The respective share of the assessments made in para-
graphs I and II shall be paid to the commission by each munici-
pality quarterly on July fifteenth, October fifteenth, January
fifteenth and April fifteenth of that fiscal year. After the close
of each fiscal year, the commission shall ascertain its actual
total expenses in accordance with the foregoing provisions, and
then shall adjust the assessment for the first quarterly payment
of the new fiscal year for each such municipality served for any
under-payment or over-payment by each such municipality
served for the prior fiscal year.
Amend RSA 149-G:6, IV, as inserted by section 2 of the
bill, by striking out said paragraph and inserting in place there-
of the following:
IV. The assessments provided to be made by this section
shall be made by taking into account the volume and strength
of the industrial, domestic, commercial, and all other waste
discharges treated or the estimated volume and strength of the
industrial, domestic, commercial and all other waste discharges
to be treated and techniques of treatment required. Proportion-
al costs as determined by the water supply and pollution con-
trol commission, associated with transporting raw and treated
sewage through a major interceptor from a municipality at
which it is generated or is to be generated to the point of treat-
ment or discharge shall be allocated to the municipality which
uses or will use the interceptor on the basis of volume and dis-
tance traveled or estimated volume and distance traveled. In
determining said assessments for each municipality, the com-
mission shall abide by federal regulations which govern the
allocation of costs and receipt of payments by industry for in-
House Journal, 7Mar74 157
dustrial discharges. Any operating and maintenance costs over
and above whiat has been determined to be proportional by the
commission shall be an obligation of the state.
Amend RSA 149-G:6, as inserted by section 2 of the bill,
by striking out paragraphs V and VI and renumbering para-
graphs VII, VIII and IX to read respectively as follows :
V, VI, AND VII .
Amend the bill by striking out section 4 of the bill and in-
serting in place thereof the following:
4 Committee Membership Enlarged. Amend the laws of
1973, chapter 334, by striking out all after the resolving clause
and inserting in place thereof the following:
That there is hereby established a special legislative com-
mittee to study and report on the existing program and future
needs of the water supply and pollution control commission.
The committee shall review the efficiency, economy and effec-
tiveness of present procedures, policies and programs of the
commission with respect to the handling of the duties and func-
tions assigned to it. The committee shall make recommenda-
tion for any additional safeguards, personnel and other mea-
sures which it deems necessary in order that the commission
may carry out its present and anticipated future responsibilities.
Said committee shall consist of thirteen members appointed
as follows: three senators from the Senate resources and en-
vironmental control committee appointed by the president of
the senate, six representatives of the house committee on re-
sources, recreation and development, and one representative of
the house appropriations committee appointed by the speaker
of the house and three members representing the general pub-
lic appointed by the governor. The committee shall elect one
of its members as chairman. The committee shall report its
findings and recommendations to the general court on or before
January 15, 1975. The committee shall have full power and
authority to require from the several departments, agencies,
and officials of the state and its political subdivisions, such
data, information and assistance as it may deem necessary or
desirable for the purposes of this study. The water supply and
pollution control commission shall provide the special com-
mittee with such of its rules, regulations and procedures as the
158 House Journal, 7Mar74
committee may request, together with the justification thereof.
Amendment adopted.
Ordered to third reading.
HB 35
providing for twenty years retirement for members of
group II under the N. H. Retirement System, permitting the
transfer of members of the New Hampshire Firemen's Retire-
ment System and of the New Hampshire Policemen's Retire-
ment System into the New Hampshire Retirement System and
making an appropriation therefor. Refer to Fiscal Committee
for interim study. Rep. Drake for Appropriations.
Rep. Weeks explained the committee report.
Rep. Coutermarsh moved that the words, ought to pass, be
substituted for the committee report, refer to fiscal committee
for interim study, and spoke in favor of the motion.
(discussion)
Reps. George I. Wiggins, Twardus, Daniell, Raymond and
Drake spoke against the motion.
Reps. John T. Winn, George E. Gordon, T. Anne Webster,
Curran, Sabbow, Palfrey, Huot and George B. Roberts, Jr.
spoke in favor of the motion.
Reps. Donnelly, Lebel, Desmarais, Spirou, Cushman, Ezra
B. Mann, James A. Humphrey, Colby, McDonough, DAllesan-
dro, Roderick H. O'Connor, Barka, Nims, Gerry F. Parker,
Gorman, Brungot, Sayer, Rock, Gallen, McManus and LaRoche
non-spoke in favor of the motion.
Rep. William P. Boucher non-spoke against the motion.
Rep. Hildreth requested a roll call, seconded by Reps.
Lamy, T. Anne Webster, Gerry F. Parker, William J. Stevens
and Roderick H. O'Connor.
ROLL CALL
YEAS: 229 NAYS: 91
House Journal, 7Mar74 159
YEAS
Belknap County:
French, Lawton, Matheson, Nighswander, Wuelper, Bow-
ler, Roberts, Charles B., Roberts, George B,, Twigg, Huot,
Hildreth, Randlett, Sabbow, Maguire.
Carroll County:
Howard, Donalda K., Duprey, Davis, Dorothy W., Clafln,
Allen, Webster, T. Anne.
Cheshire County:
Stevens, Anthony, Johnson, Elmer L,, Ladd, Dunham,
Yardley, Milbank, Ames, Streeter, Nims, Drew.
Coos County:
Huggins, Metcalf, Biishey, Hunt, Burns, Kidder, Victor
L., Oleson, Fortier, Valliere, Pryor, Brungot, Gagnon, Rebecca,
Theriault.
Grafton County:
Gallen, Tilton, Jones, Anthony K., Mann, Ezra B., Alt-
man, Warren, Roger K., Buckman, Harrison, Gemmill, Webb,
Chambers, Dvihaime, Eaton, Myrl R.,
Hillsborough County:
Eaton, Joseph M., Humphrey, Howard S., Withington,
Mann, Arthur F., Murray, Fred E., Karnis, Eaton, Clyde S.,
Heald, Philip C, Warren, E, George, Thomson, Harold E.,
Archambault, Orcutt, Knight, Roy, Antonio J., Harvell, Van
Loan, Bragdon, Brown, G. Winthrop, Carter, Langdell, Cars-
well, Dwyer, Geiger, Lyons, Bednar, Nutting, Polak, Currier,
Ethier, McLaughlin, Rock, Parker, Gerry F., Record, Wood-
ruff, Cote, Margaret S., Winn, John T., Winn, Cecelia L., Des-
marais, Lachance, Lefebvre, McGlynn, Migneault, Aubut, Bois-
vert, Mason, Sullivan, David T., Wilcox, Coutermarsh, Erick-
son, Lebel, Daniels, Ackerson, Murphy, Nardi, Smith, Craig D.,
Spirou, Shea, Dupont, McDonough, Drewniak, Sullivan, Mary
J., Beaulieu, Gelinas, Taber, Healy, George T., MacDonald,
O'Neil, Dorthea M., Thibeault, P. Robert, Burke, O'Connor,
Timothy K., D'AUesandro, Lynch, Lamy, Normand, Bernier.
Merrimack County:
Thompson, Arthur E., Sherman, Bigelow, Parker, Harry
C, Deoss, Hanson, Enright, Rice, Gamache, Gordon, George
160 House Journal, 7Mar74
E., Plourde, Bartlett, Perkins, John B., Cushman, Mattice, Wig-
gin, Elmer S., Humphrey, James A., Davis, Alice, Underwood,
Harriman, Hager.
Rockingham County:
King, Stimmell, Davis, Roy W., Kashulines, Skinner,
Barka, Gorman, MacGregor, Read, Senter, Campbell, Lemay,
Roy, Vesta M., Sayer, Stevens, William J., SpoUett, Webster,
Clarence L., White, Cummings, Vey, Sanborn, Simard, Tavi-
tian, Rogers, Randall, Akerman, Casassa, Parr, Brown, Benja-
min A., Collishaw, Eastman, Junkins, Page, Twardus, Scamman,
Ellis, Maynard, Palfrey, Splaine, Dame, McEachern, Joseph A.,
Connors, Hodgdon, Keefe, McEachern, Paul.
Strafford County:
Dawson, Harvey, Colby, Rowell, Dudley, Plumer, Tirrell,
Joncas, Bouchard, Maloomian, Chasse, Peter N., Hebert, Me-
serve, Tanner, Ineson, Thompson, Barbara C, Ruel, Winkley,
LaRoche, Preston, Boisse, Bernard, Donnelly, Kincaid, O'Con-
nor, Roderick H., Peabody.
Sullivan County:
Rousseau, Burrows, Lewko, Saggiotes, Scott, Olden.
NAYS
Belknap County:
Hood.
Carroll County:
Chase.
Cheshire County:
Galloway, Johnson, Edward A., Slicer, Whipple, Marshala,
McGinness, Savage, Gordon, Anne B., Turner, Raymond,
Cooke, Close, Scranton.
Coos County:
Drake, Richardson, Mabel L.
Grafton County:
Curran, Stevenson, Fimlaid, Bradley, Richard L., Clark,
Anderson, Fayne E., Krainak, Bradley, David J., Copenhaver,
Nutt, Hough, Symons, Townsend, Madeline G., Bell.
Hillsborough County:
Colburn, Perkins, Arnold B., Spalding, Kenneth W., Co-
House Journal, 7Mar74 161
bum, Ferguson, Boyd, Hall, Alukonis, Bergeron, Smith, Leon-
ard A., Richardson, John W., Seamans, Cobleigh, Zechel, Bel-
court, Charest, Gabriel, Ouellette, Ainley, Milne, Zachos, Hor-
an, Gardner.
Merrimack County:
Kidder, William F., Chandler, Boucher, Laurent J., Kop-
perl, Thompson, Doris L., Daniell, Piper, Gate, McLane, New-
ell, Jones, H. Gwendolyn, Rich, Howard, C. Edwin, Noble.
Rockingham County:
Boucher, William P., Soule, Thibeault, George J., De-
Cesare, Erler, Goodrich, Schwaner, Hamel, Cunningham, Ste-
vens, Elliot A., Weeks, Greene, Lockhart, Griffin.
Strafford County:
Beckett, Leighton.
Sullivan County:
Townsend, Sara M., Barrus, Spaulding, Roma A., D'Aman-
te, Frizzell, Wiggins, George L, Williamson.
Rep. Hammond abstained under Rule 16.
and the motion to substitute carried.
Reps. Sununu, Belair, Barrett, Tucker, Daniel J. Healy,
Conley, Woodward and Cotton wished to be recorded as vot-
ing "yes".
Rep. Huot offered an amendment.
AMENDMENT
Amend the bill by striking out all after section 9 and in-
serting in place thereof the following:
10 Appropriation, There is hereby appropriated the sum
of one hundred fifty-three thousand six dollars for the 1975
fiscal year representing the state's share of the cost of carrying
out the purposes of this act. The governor is authorized to draw
his warrant for the sums herein appropriated from the money
in the treasury not otherwise appropriated.
1 1 Budget. The board of trustees shall include in its budget
submitted to the general court for all fiscal years beginning with
the 1976 fiscal year a specific sum representing the state's sub-
162 House Journal, 7 Mar74
sequent appropriation for the cost of carrying out the purposes
of this act.
12 Effective Date. This act shall take effect July 1, 1974.
The clerk read the amendment in full.
Rep. Huot explained the amendment.
Rep. Drake spoke in favor of the amendment.
Huot amendment adopted.
Ordered to third reading.
RECONSIDERATION
Rep. Coutermarsh moved reconsideration.
Reconsideration lost.
SUSPENSION OF RULES
Rep. Drake moved that the rules of the House be so far
suspended as to permit the introduction of a committee report
not previously advertised in the calendar on HB 31, authorizing
the public utilities commission to acquire, as agent of the state,
such railroad properties within the state deemed to be necessary
for continued and future railroad operation for the benefit of
the public, and making an appropriation therefor, and to per-
mit the bill to be taken up at the present time.
Adopted by the necessary two-thirds.
COMMITTEE REPORT
HB 31
authorizing the public utilities commission to acquire, as
agent of the state, such railroad properties within the state
deemed to be necessary for continued and future railroad opera-
tion for the benefit of the public, and making an appropriation
therefor. Ought to pass with amendment. Rep. Drake for Appro-
priations,
This bill authorizes the Public Utilities Commission, as
the sole agent of the state, to acquire railroad properties
when deemed to be in the best public interest to maintain
the operation of any rail service in the state.
House Journal, 7Mar74 163
The Public Utilities Commission shall have the authority
to sell or lease said railroad properties to private enterprise
for the continuance of the rail service.
The bill further provides the commission with condemna-
tion rights pursuant to RSA 498-A, the eminent domain
statute.
The commission is authorized to work with Federal au-
thorities and other states where the acquisition, operation
and maintenance of rail service to New Hampshire is in-
volved.
A bond issue of eight million dollars for fiscal 1974 is re-
quested to acquire existing available railroad properties.
An appropriation of $26,723.00 for fiscal 1974 and a sum of
$94,407.00 for fiscal 1975 is requested in this bill.
AMENDMENT
Amend the bill by striking out section 2 and inserting in
place thereof the following:
2 Appropriation. There is hereby appropriated the sum
of two million dollars for the purpose of purchasing, selling or
leasing railroad properties and for the maintenance and opera-
tion of any railroad properties acquired pursuant to the pro-
visions of RSA 372-A. Said appropriation shall be nonlapsing
and may be expended by the Commission for the aforemen-
tioned purposes only.
Amend the bill by striking out section 3 and inserting in
place thereof the following:
3 Bond Issue Authorized. To provide funds for the pur-
poses of section 2 of this act, the state treasurer is hereby au-
thorized to borrow upon the credit of the state or to borrow
from the federal government, or a combination of both a sum
not exceeding two million dollars and for that purpose may
issue bonds and notes in the name and on behalf of the state
of New Hampshire in accordance with the provisions of RSA
6-A.
Amend section 5 of the bill by striking out the line "Per-
manent $18,757.00 $54,963.00" and inserting in place there-
of the line
164 House Journal, 7Mar74
(Other $18,757.00 $54,963.00)
Rep. Drake explained the bill.
The clerk read the amendment in full.
Amendment adopted.
Ordered to third reading.
RECONSIDERATION
Rep. Drake moved reconsideration of HB's:
HB 1, making supplemental appropriations for expenses
of certain departments of the state for the fiscal years ending
June 30, 1974 and June 30, 1975 and making other budgetary
changes.
HB 3, relative to establishment of a food stamp program
and making an appropriation therefor.
HB 4, providing supplemental grants to families with de-
pendent children and making an appropriation therefor and
authorizing flat grant payments for categorical assistance.
HB 17, increasing the mileage rate for all state employees
using privately owned passenger vehicles and making an appro-
priation therefor.
HB 31, authorizing the public utilities commission to ac-
quire, as agent of the state, such railroad properties within the
state deemed to be necessary for continued and future railroad
operation for the benefit of the public, and making an appro-
priation therefor.
HB 33, relative to the Winnipesaukee River Basin Control;
and providing for continuation of the study committee on the
water supply and pollution control commission.
Reconsideration lost.
COMMITTEE REPORTS CONTINUED
HB II
to increase the salaries of state classified employees and
employees of the university system and providing differential
pay to classified prison employees and correctional psychiatric
aides at the New Hampshire state hospital and making appro-
House Journal, 7Mar74 165
priations therefor, Inexpendient to legislate. Rep. Drake for
Appropriations.
Rep. Roderick H. O'Connor moved that the words, ought
to pass with amendment, be substituted for the committee re-
port, inexpedient to legislate.
AMENDMENT
Amend the title of the bill by striking out same and in-
serting in place thereof the following:
AN ACT
to increase the salaries of state classified employees and
employees of the university system and providing differential
pay to classified prison employees and correctional
psychiatric aides at the New Hampshire Hospital
and making appropriations therefor.
Amend the bill by striking out all after the enacting clause
and inserting in place thereof the following:
1 Classified Salaries for Second Year of the Biennium.
Amend RSA 99:l-a (supp) , as inserted by 1973, 377:2, by
striking out said section and inserting in place thereof the fol-
lowing:
99:1 -a Salaries Established. The salary ranges for all classi-
fied state employees, commencing June 21, 1974 shall be es-
tablished as follows:
Salary
Min.
Step 1
Step 2
Step 3
Max.
Grade
1
5415.02
5541.12
5666.44
5792.80
5917.34
2
5541.12
5666.70
5791.24
5916.30
6041.36
3
5666.70
5791.24
5915.26
6040.06
6165.38
4
5751.46
5913.44
6078.54
6272.24
6478.16
5
5916.04
6122.74
6359.60
6596.72
6834.10
6
6115.98
6352.84
6590.48
6827.60
7061.46
7
6377.54
6652.36
6927.18
7201.74
7476.56
8
6608.16
6882.98
7164.04
7432.36
7767.18
9
6838.00
7113.08
7381.64
7662.72
7937.54
10
7074.86
7343.70
7618.52
7898.80
8268.00
11
7299.24
7643.48
7988.24
8333.00
8677.76
12
7629.70
8015.02
8400.08
8785.40
9170.72
166
House Journal, 7Mar74
13
7845.76
8276.06
8711.82
9144.72
9577.88
14
8284.12
8734.18
9183.98
9634.04
10083.84
15
8685.56
9155.52
9619.48
10089.04
10555.74
16
8954.92
9441.64
9928.10
10411.96
10901.02
17
9227.66
9733.88
10237.24
10740.34
11243.96
18
9620.78
10155.08
10689.38
11223.68
11757.00
19
10014.16
10576.54
11141.78
11707.02
12269.66
20
10421.32
10986.56
11554.66
12122.76
12690.86
21
10829.00
11399.70
11970.40
12538.50
13109.00
22
11351.34
12009.40
12667.20
13322.66
13983.58
23
11871.34
12554.62
13238.00
13918.58
14604.72
24
12391.08
13099.58
13808.34
14516.84
15225.00
25
13237.12
14004.00
14769.56
15534.74
16302.00
26
13655.72
14437.28
15221.96
16003.78
16785.60
27
14074.58
14873.04
15671.76
16470.22
17271.80
28
14515.28
15356.12
16196.96
17037.80
17878.64
29
14958.84
15839.46
16722.16
17602.00
18485.48
30
15403.18
16325.00
17247.00
18170.36
19095.44
31
16471.00
17430.14
18391.00
19350.76
20312.50
32
17539.34
18537.74
19533.28
20531.68
21530.08
33
18835.44
19934.98
21034.52
22131.20
23230.74
34
20134.14
21332.00
22533.16
23730.98
24931.92
2 Date Change. Amend RSA 99:3 (supp) , as amended by
striking
out said section and i
inserting in
place thereof the fol-
lowing:
99:3 Increase in Salary. Classified employees of the state as
of June 21, 1974 shall be placed in the corresponding steps in
the new salary ranges as their length of service justifies and
their annual salaries shall be in accordance with the salary scales
set forth in RSA 99:l-a. The provisions hereof shall not be con-
strued as affecting so-called longevity payments which shall be
in addition to the regular salary scale.
3 Appropriations. There is hereby appropriated for the
fiscal year ending June 30, 1975 for the salary increases for
classified state employees as provided herein, the following
sums: $2,141,689 from the general funds of the state; $1,029,277
from highway funds; $106,886 from fish and game funds; S550,-
267 from federal funds; and $130,639 from self-sustaining and
toll funds. The governor is authorized to draw his warrants
for the sums hereby appropriated.
4 Appropriations for Temporary and Seasonal. There is
House Journal, 7Mar74 167
hereby appropriated for the fiscal year ending June 30, 1975
for salary increases for temporary and seasonal employees as pro-
vided herein, the following sums: $314,828 from the general
funds of the state; $112,191 from highway funds; $6,840 from
fish and game funds; $132,064 from federal funds; and $19,465
from self-sustaining and toll funds. The governor is authorized
to draw his warrants for the sums hereby appropriated.
5 Appropriations for Retirement and OASI. There is
hereby appropriated in addition to any other sums appropriated
for retirement and OASI for fiscal year ending June 30, 1975
the following sums: $182,043 from the general funds of the
state; $87,488 from highway funds; $9,085 from fish and game
funds; $46,772 from federal funds; and $11,104 from self-
sustaining and toll funds.
6 Appropriations for Retirement and OASI; Temporary
and Seasonal. There is hereby appropriated for fiscal year end-
ing June 30, 1975 for retirement and OASI for temporary and
seasonal employees as provided herein the following sums:
$22,037 from the general funds of the state; $8,302 from high-
way funds; $478 from fish and game funds; $9,244 from federal
funds; and $1,362 from self-sustaining and toll funds.
7 University System Employees. There is hereby appropri-
ated for fiscal year ending June 30, 1975 the sum of $1,099,280.
The sum hereby appropriated shall be used by the trustees of
th university of New Hampshire to increase the annual salaries
of those employees of the university system whose salaries are
equivalent to those within the state classified employee salary
structure by $520, effective June 21, 1974. This appropriation
shall not be transferred or expended for any other purpose.
The governor is authorized to draw his warrant for this sum
out of any money in the treasury not otherwise appropriated.
8 Hazardous Pay for Prison Personnel and Correctional
Psychiatric Aides. Amend RSA 99 by inserting after section 9
the following new section:
99:10 N. H. State Prison and State Hospital. Classified
employees at the state prison and correctional psychiatric aides
at the state hospital shall be paid in addition to their regular
salary, hazardous duty pay in the amount of twenty-five dollars
per week.
9 Appropriation. There is hereby appropriated for the fiscal
year ending June 30, 1975 the sum of two hundred one thou-
168 House Journal, 7Mar74
sand five hundred dollars for the purposes of section 8 of this
act. The governor is authorized to draw his warrant for the
sums hereby appropriated out of any money in the treasury
not otherwise appropriated.
10 Effective Date. This act shall take effect June 21, 1974.
Rep. Arthur F. Mann moved to suspend with the reading
of the amendment.
Adopted.
Rep. O'Connor spoke in favor of the motion.
Reps. Williamson, George E. Gordon, Gerry F. Parker
and Coutermarsh spoke in favor of the motion.
(discussion)
Rep. Drake spoke against the motion.
Reps. McDonough, Rich and Fred E. Murray non-spoke
in favor of the motion.
Rep. Curran non-spoke against the motion.
On a vv the Speaker was in doubt and requested a division.
170 members having voted in the affirmative and 97 in
the negative, the motion carried.
O'Connor amendment adopted.
Rep. Plumer abstained from voting under rule 16.
Ordered to third reading.
RECONSIDERATION
Rep. Coutermarsh moved reconsideration on HB 11.
Reconsideration lost.
RESOLUTION
Rep. George B. Roberts, Jr. moved that all bills ordered
to third reading, be read a third time by this resolution and
that all titles of bills be the same as adopted, and that they be
passed at the present time, unless otherwise ordered by the
House.
Adopted.
House Journal, 7Mar74 169
Third reading and final passage
HB 1, making supplemental appropriations for expenses of
certain departments of the state for the fiscal years ending June
30, 1974 and June 30, 1975 and making other budgetary
changes.
HB 3, relative to establishment of a food stamp program
and making an appropriation therefor.
HB 4, providing supplemental grants to families with de-
pendent children and making an appropriation therefor and
authorizing flat grant payments for categorical assistance.
HB 11, to increase the salaries of state classified employees
of the university system and providing differential pay to classi-
fied prison employees and correctional psychiatric aides at the
New Hampshire hospital and making appropriations therefor.
HB 17, increasing the mileage rate for all state employees
using privately owned passenger vehicles and making an appro-
priation therefor.
HB 31, authorizing the public utilities commission to ac-
quire, as agent of the state, such railroad properties within the
state deemed to be necessary for continued and future railroad
operation for the benefit of the public and making an appro-
priation therefor.
HB 33, relative to the Winnipesaukee River Basin Con-
trol; and providing for continuation of the study committee on
the water supply and pollution control commission.
HB 35, providing for twenty years retirement for members
of group n under the N. H. Retirement System, permitting the
transfer of members of the New Hampshire Firemen's Retire-
ment System and of the New Hampshire Policemen's Retire-
ment System into the New Hampshire Retirement System and
making an appropriation therefor.
RECESS
AFTER RECESS
SENATE MESSAGE
INTRODUCTION OF SENATE BILLS & SJR
First, second readino^ &: referral
SB 3, changing the compensation of certain state law en-
170 House Journal, 7Mar74
forcement employees and fees of witnesses. Executive Depart-
ments and Administration.
SB 15, transferring permanent state prison employees from
group I of the New Hampshire Retirement System to group II
or from the State Employees' Retirement System to group II,
and making an appropriation therefor. Executive Departments
and Administration.
SB 4, relative to penalties and forfeitures for noncompli-
ance with sewage and waste disposal rules and regulations of the
water supply and pollution control commission. Resources,
Recreation and Development.
SB 8, relative to the distribution of testate property fol-
lowing waiver of a will by surviving spouse and relative to
the form of notice given for termination of parental rights. Ju-
diciary.
SJR 1, compensating Rene Boucher for mileage while
serving on the Committee of Voter Registration and Checklists.
Veteran, Military Affairs and Claims.
COMMITTEE REPORTS CONTINUED
HB 15
relative to redistricting the ward lines of the city of La-
conia. Ought to pass with amendment. Rep. Hood for Laconia
Delegation.
Amendment changes the ward lines and referendum date.
AMENDMENT
Amend the bill by striking out section 1 and inserting in
place thereof the following:
1 Ward Lines Changed. Amend 1893, 241:2 as amended by
1901, 200:2; 1903, 192:rand 213; and 1959, 419:1 by striking
out said section and inserting in place thereof the following:
SECT. 2 The said city of Laconia is hereby divided into
six wards, which shall be constituted as follows:
Ward No. 1 shall contain all that part included within and
bounded by the following lines: beginning at the easterly shore
of Lake Winnisquam at the Meredith town line; then south
House Journal, 7 Mar74 171
along said eastern shore to the northerly property line of prop-
erty fronting on the north side of Sands terrace; then south
along the easterly property lines of property fronting on the east
side of Sands terrace and Shore drive to the southerly property
line of property fronting on the south side of Lexington drive;
then east along the southerly property line of property fronting
on the south side of Lexington drive to the easterly property
line of property fronting on the east side of Lynnewood road;
then south along the easterly property lines of property fronting
on the east side of Lynnewood road to an intersection with Hol-
man street; then east to the intersection of North Main street
and Pleasant street; then south along the center line of North
Main street to the center of the intersection with Busiel street;
then east from said intersection to a point equidistant between
the east and west shores of Lake Opechee; then north along the
center line of Lake Opechee to the northern shore of such lake
to an unnamed brook which flows into said lake; then north
along the center of said brook to the intersection of said brook
at Elm street; then northeast from said point to the western
shore of Paugus bay; then north along said western shore to
the Weirs bridge; then north along the western shore of Lake
Winnipesaukee to the Meredith town line; then southwest
along said town line to the point of beginning.
Ward No. 2 shall include all that part of said city con-
tained within the territory as follows: starting at a point in the
Winnipesaukee river westerly of an extension of the southern-
most property lines of property fronting on the south side of
Arch street; then east along said extension to the easternmost
property line of property fronting on the east side of Union
avenue; then north along the easterly property lines of property
fronting on the east side of LInion avenue to the southernmost
property line of property fronting on the south side of Winter
street; then east along the southerly property lines of property
on the south side of Winter street to the Gilford town line; then
north, then west, then north along the Gilford town line to a
line on an extension of the southernmost property lines of prop-
erty fronting on the south side of Mechanic street; then west
along said extension to the easterly property line of property
fronting on the east side of Union avenue; then north across
Mechanic street along said easterly property line to the westerly
property lines of property fronting on the west side of Mechanic
street; then north along said westerly property lines to the
172 House Journal, 7Mar74
southerly property line of property fronting on the south side
of Clinton street; then west along the southerly property lines
of property fronting on the south side of Clinton street to the
Clinton street bridge; then south along the eastern shore of
Lake Opechee to the point of beginning.
Ward No. 3 shall include all that part of said city bounded
as follows: beginning at the southern boundary of Ward No. 1
and Lake Winnisquam; then south along the eastern shore of
said lake to the Winnipesaukee river; then east and then north
along the northern and eastern shores of the Winnipesaukee
river to the southern boundary of Ward No. 1; then west along
said boundary to the point of beginning, provided that Eagar
island shall be in Ward 4.
Ward No. 4 shall include all that part of said city bounded
as follows: beginning at the Belmont town line and Lake Win-
nisquam; then east along said town line to the Gilford town
line; then north and then west along the Gilford town line to
the point where the Gilford town line follows a northerly
course; then southwest to the northern property line of prop-
erty fronting on the north side of Province road; then northwest
along the northern property line of property fronting on the
north side of Province road to the intersection with the eastern
property line of property fronting on the east side of South
Main street; then north along said eastern property line to the
southern boundary of Ward No. 3 at the Winnipesaukee river;
then west along said southern boundary to the mouth of said
river; then southwest along the eastern shore of Lake Winni-
squam to the point of beginning.
Ward No. 5 shall include all that part of said city lying
southerly and easterly of Ward No. 2 not embraced in said
ward, that part to the north of Ward No. 4 and to the east of
Ward No. .3 and bounded on the east by the Gilford town line.
Ward No. 6 shall include all that part of said city to the
north and east of Ward No. 2 and east of Ward No. 1 not em-
braced in said wards.
Amend the bill by striking out sections 6 and 7 and in-
serting in place thereof the following:
6 Special Ballot. The Laconia city council shall authorize
the city clerk to prepare a separate ballot to be used at the regu-
House Journal, 7Mar74 173
lar biennial election to be held in November, 1974, for the
referendum provided in section 7 of this act.
7 Referendum. This act shall not take effect unless it is
adopted by a majority vote at the regular biennial election to
be held in the city of Laconia in November, 1974. The city
clerk then in office shall cause to be placed on a separate ballot
the following question: "Shall the provisions of 'An Act relative
to redistricting the ward lines of the city of Laconia' passed by
the 1974 special session of the general court be adopted?" Said
question shall be printed in the form prescribed by RSA 59:
12-a. If a majority of those voting on the question vote in the
affirmative, this act shall be declared to have been adopted.
The city clerk shall, within ten days after said election, certify
the result of the vote on the above question to the secretary of
state.
Amendment adopted.
Ordered to third reading.
HCR 3
relative to the protection of the New Hampshire Fishing
Industry. Ought to pass. Rep. Tirrell for Fish and Game.
Unanimous approval by the committee.
Ordered to third reading.
HCR 2
establishing a joint committee to study the railroad condi-
tions and related matters in the state of New Hampshire. Ought
to pass. Rep. Chase for Statutory Revision.
The ad hoc committee has accumulated information that
should be supplemented by further studies that will result
in recommendations for future legislation.
Ordered to third reading.
The Speaker requested a quorum count,
261 members having answered the count, a quorum was
declared present.
COMMUNICATION
At the regular meeting of the Hampstead Board of Select-
174 House Journal, 7 Mar74
men, held on March 2, 1974, the following resolution was
adopted:
In recognition of 27 years of faithful and sincere service
to the Town of Hampstead as Selectman and with powers
granted this Board under the Laws of the State of New Hamp-
shire, we hereby appoint the Honorable Doris M. Spollett as
Honorary Chairman of the Hampstead Board of Selectmen.
Charles W. Lindquist, Jr.
Laurence C. Cornwell
COMMITTEE REPORTS CONTINUED
KB 34
relative to energy facility evaluation, siting, construction
and operations and providing for a tax on refined petroleum
products.
1. Uanimous report: The committee moves that the bill
be divided as follows: Division 1, Sections 1, 2 and 3 of the bill
with an effective date. Division 2, Section 4 of the bill with an
effective date.
2. On Division 1 — Majority: Ought to pass with amend-
ment. Rep. Greene for Environment and Agriculture. Minority:
Ought to pass with further amendment (Reps. Read, MacGreg-
or, and Curran) .
Majority: Basically the original analysis is an accurate de-
scription of the amended bill and further clarifies details of it.
Broadly speaking all concerned parties are in agreement with
the amended version with one exception. This will be consid-
ered in a further amendment to be offered from the floor.
Minority: To show that the Legislature desires to allow the
decision on the location of an oil refinery to be made by the
Energy Facility Evaluation Committee rather than by local
ordinance or regulation.
The amendment also increases the size of the Energy Fa-
cility Committee by adding the Chairman of the Board of
Selectmen or the Mayor; and the Chairman of the Zoning Board
of the town or city where the major portion of the refinery is
proposed to be located.
3. On Division 2 Report of the committee as recommended
by Ways and Means Committee:
House Journal, 7Mar74 175
A. That Division 2 be referred to the Ways and Means
Committee of the House for interim study and report to the
1975 session of the Legislature.
B. That Division 2 be referred to the Supreme Court for
an advisory opinion as to the constitutionality thereof.
C. That the resolution referring the same to the Supreme
Court be adopted.
Reps. Ruel and Kashulines withdrew from the minority
report.
AMENDMENT
Amendment to Division 1 of the bill:
Amend the bill by striking out section 3 and inserting in
place thereof the following:
3 New Chapter. Amend RSA by inserting after chapter
162-G the following new chapter:
Chapter 162-H
Energy Facility Evaluation,
Siting, Construction and Operations
162-H: 1 Declaration of Purpose. The legislature recog-
nizes that the selection of sites for energy facilities will have a
significant impact upon the welfare of the population, the
economic growth of the state and the environment of the state.
The legislature, accordingly, finds that the public interest re-
quires that it is essential to maintain a balance between the
environment and the possible need for new energy facilities in
New Hampshire; that undue delay in construction of any
needed facilities be avoided; that the state insure that the con-
struction and operation of energy facilities is treated as a signifi-
cant aspect of land-use planning in ^vhich all environmental,
economic and technical issues are resolved in an integrated
fashion; and that existing laws do not provide adequate public
review and control over the construction and operation of
energy facilities. The legislature, therefore, hereby establishes
a procedure for the review, approval, monitoring and enforce-
ment of compliance in the planning, siting, construction and
operation of energy facilities.
162-H: 2 Definitions.
176 House Journal, 7Mar74
I. "Commencement of construction" means any clearing
of the land, excavation or other substantial action that would
adversely affect the natural environment of the site of the pro-
posed energy facility, but does not include land surveying,
optioning or acquiring land or rights in land, changes desirable
for the temporary use of the land for public recreational uses,
or necessary borings to determine foundation conditions or
other preconstruction monitoring to establish background in-
formation related to the suitability of the site or to the pro-
tection of environmental use and values.
II. "Committee" means the energy facility evaluation
committee established by this chapter.
III. "Energy" means power derived from a natural resource,
including, but not limited to, oil, coal, and gas.
IV. "Energy facility" means any industrial structure, other
than bulk power supply facilities as defined in RSA 162-F:2,
that may be used substantially to extract, manufacture, or re-
fine sources of energy, and means also such ancillary facilities as
may be used or useful in transporting, storing, or otherwise
providing for the raw materials or products of any such indus-
trial structure; without limiting the generality of the foregoing,
such industrial structures include oil refineries, plants for proc-
essing liquefied natural gas, and plants for coal conversion;
further without limiting the generality of the foregoing, such
ancillary facilities include onshore and offshore loading and un-
loading facilities, pipelines, and storage tanks.
V. "Person" means any individual, group, firm, partner-
ship, corporation, cooperative, municipality, political subdivi-
sion, government agency or other organization.
162-H:3 Energy Facility Evaluation Committee. The en-
ergy facility evaluation committee shall consist of the mem-
bers of the bulk power supply facility site evaluation committee
established by RSA 162-F:3.
162-H:4 State Permits.
I. No person may commence construction or operation
of an energy facility in this state without a permit from the
energy facility evaluation committee.
II. The committee shall incorporate in any permit issued
House Journal, 7Mar74 177
hereunder such terms and conditions as may be specified to
the committee by any of such other state agencies as have juris-
diction, under state or federal law, to regulate any aspect of
the construction or operation of the proposed facility; pro-
vided, however, the committee shall not issue any permit here-
under if any of such other state agencies denies authorization
for the proposed activity over which it has jurisdiction. The
denial of any such authorization shall be based on the record
and explained in reasonable detail by the denying agency. Not-
withstanding any other provision of law, the application re-
quired by RSA 162-H:6 shall be in lieu of all applications other-
wise requirable by any of such other state agencies. Further
notwithstanding any other provision of law, the hearings con-
ducted under RSA 162-H:8 shall be joint hearings with such
other state agencies and shall be in lieu of all hearings other-
wise requirable by any of such other state agencies; provided,
however, if any of such other state agencies does not otherwise
have authority to conduct hearings, it may not join in hearings
under this chapter; provided further, however, the ability or
inability of any of such other state agencies so to join shall not
affect the composition of the committee under RSA 162-H:3
nor the ability of any member of the committee to act in accor-
dance with this chapter. Subject to RSA I62-H:6, III, but not-
withstanding any other provision of law, each of such other
state agencies shall make and submit to the committee a final
decision on such parts of the application as relate to its juris-
diction not later than five months after it has received a copy
of such parts in accordance with RSA 162-H:6, I. Notwith-
standing any other provision of this section or this chapter,
each of such other state agencies shall retain all of its powers
and duties of enforcement.
162-H:5 Powers of the Committee.
I. The committee shall hold hearings as required by this
chapter and such additional hearings as it deems necessary and
appropriate.
II. The committee shall have the authority and responsi-
bility for:
(a) The issuance of any permit hereunder;
(b) The determination of the terms and conditions of any
permit issued hereunder, subject to RSA 162-H:4;
178 House Journal, 7Mar74
(c) The monitoring of the construction and operation of
any energy facility granted a permit hereunder; and
(d) The enforcement of the terms and conditions of any
permit issued hereunder.
III. Tlie committee may delegate the authority to monitor
the construction or operation of any energy facility granted a
permit hereunder to such state agency or official represented on
the committee as it deems appropriate, but, subject to RSA 162-
H:4, it may not delegate the authority to hold hearings, issue
permits, determine the terms and conditions of a permit or to
enforce a permit. An authorized representative or delegate of
the committee shall have a right of entry onto the premises of
any part of the energy facility to ascertain if the facility is be-
ing constructed or operated in continuing compliance with the
terms and conditions of the permit. During normal hours of
business administration and on the premises of the facility, such
a representative or delegate shall also have a right to inspect
those records of the permit-holder that are relevant to the terms
or conditions of the permit.
162-H:6 Application for Permit.
I. Each application hereunder shall contain sufficient in-
formation to satisfy the application requirements of each of
such other state agencies as have jurisdiction, under state or
federal law, to regulate any aspect of the construction or opera-
tion of the proposed facility. Upon receipt of an application,
the committee shall immediately make copies thereof, the cost
of which making shall be borne by the applicant, and shall im-
mediately forward to each of such other state agencies a copy
of such parts of the application as are relevant to its jurisdic-
tion. Upon receipt of such a copy, each of such other state
agencies shall immediately conduct a preliminary review there-
of to ascertain if the application contains sufficient information
for its purposes. If the application doees not contain sufficient
information for the purposes of any such other state agencies,
that agency shall, in writing, immediately notify the committee
of that fact and specify what information the applicant must
supply; thereupon the committee shall provide the applicant
with a copy of such notification and specification. Notwith-
standing any other provision of la^v, for purposes of the time
limitations imposed by RSA 162-H:10 on the committee and
House Journal, 7Mar74 179
by RSA 162-H:4 on such other state agencies, any application
made hereunder shall be deemed not received either by the
committee or by any of such other state agencies if the applicant
is seasonably notified that it has not supplied sufficient informa-
tion for any of such other state agencies in accordance with this
subsection.
II. An application hereunder shall also:
(a) Describe in reasonable detail the type and size of each
major part of the proposed facility;
(b) Identify both the first choice and any other choice for
the site of each major part of the proposed facility;
(c) Describe in reasonable detail the impact of each ma-
jor part of the proposed facility on the environment of each
site proposed, whether as first choice or as other choice, for
such part;
(d) Describe in reasonable detail the applicant's propo-
sals for studying and solving environmental problems;
(e) Describe in reasonable detail the applicant's financial,
technical, and managerial capability for construction and op-
eration of the proposed facility;
(f) Provide such additional information as the committee
may require to carry out the purposes of this chapter.
Upon receipt of such an application, the committee shall
immediately conduct a preliminary review thereof to ascertain
if it contains sufficient information in accordance with this
subsection. If the application does not contain such sufficient
information, the committee shall, in writing, immediately no-
tify the applicant of that fact and specify what information the
applicant must supply. Notwithstanding any other provision of
law, for purposes of the time limitations imposed by RSA 162-
H:10 on the committee and by RSA 162-H:4 on other state
agencies, an application made hereunder shall be deemed not
received either by the committee or by any of such other state
agencies, if the applicant is seasonably notified that it has not
supplied sufficient information in accordance with this sub-
section.
III. An application hereunder, in any of its aspects, may
be reasonably modified before and during the period of hear-
180 House Journal, 7Mar74
ings with the consent of the committee; provided, however, if
any of such other state agencies as have jurisdiction, under
state or federal law, to regulate the subject matter of such
modification has already made a decision in accordance with
RSA 162-H:4, it may alter such decision in reasonable response
to such modification; provided further, however, if to allow
reasonable inquiry into such modification, the committee or
any of such other state agencies needs time in addition to that
provided for it by this chapter, it may take as much additional
time as is necessary, but no more additional time than is neces-
sary, to allow such reasonable inquiry.
162-H:7 Disclosure of Ownership. Any application for a
permit shall be signed and sworn to by the person or executive
officer of the association or corporation making such applica-
tion and shall contain the following information:
I. Full name and address of the person, association or cor-
poration;
II. If an association, the names and residences of the mem-
bers of the association;
III. If a corporation, the name of the state under which
it is incorporated with its principal place of business and the
names and addresses of its directors, officers and stockholders;
IV. The location or locations where a client is to conduct
his business;
V. A statement of assets and liabilities of the applicant and
other relevant financial information of such applicant;
VI. Within four months after the close of each fiscal year
of the applicant, it shall file with the committee a statement
either that there has been no substantial change in any of the
information in the application or a description of any such
changes as have occurred.
162-H:8 Public Hearing; Rules. Upon receipt of an applica-
tion for a permit, pursuant to RSA 162-H:6, the committee
shall hold a public hearing in the county in which the principal
part of proposed facility, which part shall be determined by the
committee, is to be located within sixty days and shall publish
a public notice not less than t^venty-one days before said hearing
in each newspaper having a general circulation in the affected
area describing the location of the proposed facilities.
House Journal, 7Mar74 181
I. The initial session of the hearing within such county
shall be for public information on the proposed facilities with
the applicant presenting the information to the committee and
to the public and with only committee members asking ques-
tions for clarification on the development. Subsequent sessions
of the hearing shall be in the nature of adversary proceedings.
Every fourth subsequent session shall be held in such county,
and all other hearings may be held in Concord, New Hamp-
shire, provided there is adequate notice on the time and place
of the hearing. The committee shall consider and weigh all
evidence presented at the public hearings and any other material
ancillary thereto.
II. The committee shall grant free access to records and
reports in its files to members of the public during normal
working hours and shall permit copies of such records and re-
ports to be made by interested members of the public at their
expense.
III. The committee may require such information from
the applicant and state agencies and officials as it deems neces-
sary to assist it in the conduct of hearings and in making any
investigation or studies it may undertake and in the deter-
mination of the terms and conditions of any permit under
consideration. The committee shall also conduct such reason-
able studies and investigations as it deems necessary or appropri-
ate to carry out the purposes of this chapter and may employ
consultants, legal counsel and other staff in furtherance of the
duties imposed by this chapter, the cost of which shall be borne
by the applicant in such amount as may be approved by the
committee.
IV. The committee shall issue rules and regulations as may
from time to time be required to carry out the provisions of
this chapter.
I62-H:9 Findings.
I. In order for the committee to issue a permit hereunder
it must find the following:
(a) the proposed site and facility will not unduly interfere
with the orderly development of the region and will not have
an unreasonably adverse impact on aesthetics, historic sites,
air and water quality, the natural environment and the public
health and safety; and
182 House Journal, 7Mar74
(b) the applicant has adequate financial, technical, and
managerial capability to assure construction and operation of
the facility in continuing compliance with the terms and con-
ditions of the permit.
II. Findings by the committee shall be based on the record
and shall be made by a majority vote of the full committee,
whether or not the full committee is present for voting.
III. In the consideration of applications for permits, the
committee shall fully review and consider all environmental
values and other relevant factors bearing on whether the ob-
jectives of this chapter would be best served by the issuance of
the permit. The committee may consult with interested regional
agencies and agencies of border states in the issuance of such
permits.
162-H:10 Permit Deadline. Subpect to RSA 162-H:6, III,
a permit shall either be issued or denied by the committee with-
in t^vclve months of the date of its receipt of the application and
may contain such reasonable terms and conditions as it deems
necessary and may provide for such reasonable monitoring pro-
cedures as may be necessary. Such determinations, when made,
shall be final and in writing and subject only to the provisions
of this chapter.
162-H: 1 1 Counsel for the Public.
I. After the committee has recived an application, in ac-
cordance Avith RSA 162-H:6, the attorney general shall appoint
an assistant attorney general as a counsel for the public. The
counsel shall represent the public in seeking to protect the qual-
ity of the environment and in seeking to assure an adequate
supply of energy. The counsel shall be accorded all the rights,
privileges, and responsibilities of an attorney representing a
party in a formal action.
II. This section shall not be construed to prevent any person
from being heard or represented by counsel; provided, however,
the committee shall have the right to compel consolidation of
representation for such persons as have, in the committee's rea-
sonable judgment, substantially identical interests.
162-H: 12 Judicial Review. Decisions of the energy facility
evaluation committee shall be reviewed pursuant to RSA 541.
162-H: 18 Enforcement.
House Journal, 7Mar74 18j
I. Whenever the committee determines that any term or
condition of any permit issued hereunder is being violated, it
shall, in writing, notify the person holding such permit of the
specific violation and order such person immediately to termi-
nate such violation. If, fifteen days after receipt of such order,
such person has failed or neglected to terminate such violation,
the committee may suspend such person's permit; provided,
however, except for emergencies, prior to any such suspension,
the committee shall give written notice of its consideration of
suspension and of its reasons therefor and shall provide oppor-
tunity for a prompt hearing thereon.
II. The committee may suspend a person's permit if the
committee determines that such person has made a material
misrepresentation in its application or in the supplemental or
additional statements of fact or studies required of the appli-
cant, or if the committee determines that such person has vio-
lated the provisions of this chapter or regulations issued here-
under; provided, however, except for emergencies, prior to any
such suspension, the committee shall give written notice of its
consideration of suspension and of its reasons therefor and shall
provide opportunity for a prompt hearing thereon.
III. The committee may revoke any permit that is sus-
pended hereunder after the person holding such suspended
permit has been given at least ninety days' written notice of the
committee's consideration of revocation and of its reasons there-
for and has been provided opportunity for a full hearing there-
on.
162-H:14 Penalties.
I. The superior court in term time or in vacation may
enjoin any act in violation of this chapter.
II. Any construction or operation of energy facilities in
violation of this chapter, or in material violation of the terms
of a permit issued hereunder, may result in an assessment by
the superior court of civil damages not to exceed ten thousand
dollars for each day of such violation.
III. Whoever commits any wilful violation of any provi-
sion of this chapter shall be guilty of a misdemeanor if a nat-
ural person, or guilty of a felony if any other person.
162-H:15 Separability. If any provision or clause of this
184 House Journal, 7Mar74
chapter, or application thereof to any person or circumstances,
is held invalid, such invalidity shall not affect other provisions
or applications of the chapter which can be given effect without
the invalid provisions or application, and to this end, the pro-
visions of this chapter are declared to be severable. Each sec-
tion of this chapter shall be separable from all other sections
hereof and the nullification of any section of this chapter shall
have no effect upon the remaining sections of this chapter.
162-H:16 Records. Complete verbatim records shall be
kept by the committee of all hearings, and records of all other
actions, proceedings and correspondence of the committee shall
be maintained, all of which records shall be open to public
inspection as provided for under RSA 91-A.
4 Effective Date. This act shall take effect upon its passage.
Rep. Greene moved that HB 34 be divided as follows:
Division I, Sections 1, 2 and 3 of the bill with an effective date.
Division 2, Section 4 of the bill with an effective date.
(Deputy Speaker in the Chair)
Rep. Greene explained the majority committee amend-
ment.
(discussion)
Reps. Read and George B. Roberts, Jr. spoke in favor of
the majority committee amendment.
Majority committee amendment adopted.
Question being on the adoption of the minority report,
ought to pass with further amendment.
(discussion)
Reps. Greene, Chase, George B. Roberts, Jr., Sayer, Parr,
Dudley, Colburn, Twigg, Hanson, H. Gwendolyn Jones, James
E. O'Neil, Spirou, Hammond, Benton and Paul McEachern
spoke against the minority report.
Reps. Elizabeth E. Goff, Curran, Taber, Elmer L. Johnson,
Gorman, and Deoss non-spoke in favor of the minority amend-
ment.
Reps. Underwood, Cecelia L. Winn, LaRoche, Rogers,
House Journal, 7Mar74 185
Meserve, Junkins, Page, Call, Gillmore and Cotton non-spoke
against the minority amendment.
Reps. Richard L. Bradley, Currier, Tony Smith, Altman,
George I. Wiggins and Stevenson spoke in favor of the minority
amendment.
Rep. Migneaiilt wished to be recorded in favor of the mi-
nority amendment.
Rep. Harold E. Thompson wished to be recorded against
the minority amendment.
Question on the adoption of the minority amendment.
A division was requested.
121 members having voted in the affirmative and 209 in
the negative, the minority amendment lost.
Rep. Mabel L. Richardson requested a roll call.
Reps. Doris L. Thompson, Joseph L. Cote, T. Anne Web-
ster, Parr and James W. Murray withdrew their second.
Reps. George E. Gordon, Metcalf, Sweeney, Lebel, Pryor
and Curran seconded request for roll call.
Question on the adoption of the minority report, ought to
pass with further amendment.
ROLL CALL
YEAS: 109 NAYS: 233
YEAS
Coos County:
Metcalf, Bushey, Richardson, Mabel L., Kidder, Victor L.,
Fortier, Valliere, Brungot, Gagnon, Rebecca.
Grafton County:
Curran, Stevenson, Fimlaid, Bradley, Richard L., Clark,
Jones, Anthony K., Anderson, Fayne E., Altman, Buckman,
Harrison, Krainak, Duhaime, Eaton, Myrl R.
Hillsborough County:
Perkins, Arnold B., Nelson, Bragdon, Brown, G. Win-
throp, Spalding, Kenneth W., Dwyer, Geiger, Bednar, Currier,
Seamans, Rock, Cobleigh, Record, Belcourt, Charest, Des-
186 House Journal, 7 Mar74
marais, Lachance, Wilcox, Coutermarsh, Lebel, Ackerson, Mur-
phy, Briiton, Cote, Joseph L., Cullity, Barrett, William F.,
Healy, Daniel J., McDonough, Clancy, Drewniak, Sullivan,
Mary J,, Beaulieu, Gelinas, Taber, Healy, George T., Mac-
Donald, Thibeault, P. Robert, Burke, O'Connor, Timothy K.,
Lynch, Sweeney, Lamy, Levasseur, Bernier, Knight.
Merrimack County:
Chandler, Deoss, Boucher, Laurent J., Enright, Rice,
Gamache, Gordon, George E., Plourde, Mattice, Thompson,
Doris L., Wiggin, Elmer S., Fisher,
Rockingham County:
Soule, Thibeault, George J., Gorman, MacGregor, Read,
Senter, DeCesare, Goff, Elizabeth E,, Schwaner, Simard, Dame.
Strafford County:
Dawson, Colby, Joncas, Chasse, Peter N., Tanner, Don-
nelly, Kincaid, Peabody.
Sullivan County:
Rousseau,
Belknap County:
Lawton, Murray, James W,
Carroll County:
Howard, Donalda K., Davis, Dorothy W., Webster, T,
Anne.
Cheshire County:
Slicer, Whipple, McGinness, Savage, Forcier, Streeter.
NAYS
Coos County:
Huggins, Hunt, Drake, Burns, Oleson, Theriault, Pryor,
Grafton County:
Gallen, Tilton, Mann, Ezra B., Gemmill, Bell, Webb,
Bradley, David J,, Chambers, Copenhaver, Nutt, Hough, Sy-
mons, Townsend, Madeline G.
Hillsborough County:
Eaton, Joseph M,, Humphrey, Howard S,, Withington,
Mann, Arthur F,, Murray, Fred E., Eaton, Clyde S., Heald,
Philip C, Warren, E, George, Colburn, Archambault, Orcutt,
House Journal, 7Mar74 187
Roy, Antonio J., Harvell, Van Loan, Ferguson, Langdell, Boyd,
Hall, Carswell, Lyons, Alukonis, Bergeron, Nutting, Polak,
Smith, Leonard A., Richardson, John W., Ethier, McLaughlin,
Parker, Gerry F., Zechel, Woodruff, Cote, Margaret S., Winn,
John T., Winn, Cecelia L,, Gabriel, Lefebvre, McGlynn, Au-
but, Boisvert, Mason, Ouellette, Sullivan, David T., Erickson,
Daniels, Milne, Horan, Nardi, Smith, Craig D., Spirou, Shea,
Dupont, Gardner, O'Neil, Dorthea M., D'AUesandro, Gillmore,
Lemire, Armand R., Normand.
Merrimack County:
Kidder, William L., Thompson, Arthur E., Sherman, Big-
elow, Parker, Harry C, Hanson, Bartlett, Perkins, John B.,
Cushman, Kopperl, Humphrey, James A., Daniell, Piper, Cate,
Haller, Andersen, Chris K., Davis, Alice, McLane, Newell,
Jones, H. Gwendolyn, Rich, Underwood, Harriman, Wilson,
Ralph W., Howard, C. Edwin, Woodward, Hager, Noble.
Rockingham County:
King, Stimmell, Benton, Davis, Roy W., Boucher, William
P., Kashulines, Skinner, Barka, Belair, Campbell, Lemay, Roy,
Roy, Vesta M., Sayer, Southwick, Stevens, William J., Sununu,
Spollett, Webster, Clarence L., White, Cummings, Erler, Good-
rich, Hoar, Sanborn, Tavitian, Rogers, Hamel, Akerman, Casas-
sa, Cunningham, Parr, Smith, Tony, Brown, Benjamin A., Colli-
shaw, Eastman, Junkins, Page, Twardus, Stevens, Elliot A.,
Ellis, Weeks, Greene, Hammond, Lockhart, Maynard, Palfrey,
Griffin, Splaine, Cotton, McEachern, Joseph A., Call, Connors,
Hodgdon, Keefe, McEachern, Paul.
Strafford County:
Harvey, Rowell, Beckett, Dudley, Plumer, Tirrell, Bou-
chard, Maloomian, Hebert, Meserve, Ineson, Thompson,
Barbara C, Ruel, Winkley, LaRoche, Preston, Boisse, Leighton,
Bernard, O'Connor, Roderick H., Parnagian, McManus, Pray.
Sullivan County:
Townsend, Sara M., Barrus, Spaulding, Roma A., Tucker,
Brodeur, Burrows, D'Amante, Lewko, Scott, Frizzell, Olden,
Williamson.
Belknap County:
French, Matheson, Marsh, Nighswander, Wuelper, Bowler,
Roberts, Charles B., Roberts, George B., Twigg, Huot, Hil-
dreth. Pierce, Randlett, Sabbow, Maguire.
188 House Journal, 7Mar74
Carroll County:
Duprey, Conley, Chase, Claflin, Allen.
Cheshire County:
Galloway, Johnson, Edward A., Stevens, Anthony, O'Neil,
James E., Ladd, Dunham, Marshala, Gordon, Anne B., Yard-
ley, Milbank, Turner, Raymond, Ames, Cooke, Close, Nims,
Drew, Scranton.
Rep. Scamman abstamed under Rule 16.
PAIRS
Rep. Elmer Johnson voting yes; Rep. Donald Jones voting
no.
Rep. George Wiggins voting yes; Rep. Roger Warren vot-
ing no.
and the minority amendment lost.
Division 1 of HB 34 ordered to third reading.
Question being on report on Division 2 of HB 34.
(a) Refer to Ways and Means Committee for interim study.
(b) Refer to Supreme Court for advisory opinion.
(c) Adopt referral resolution.
Reps. Gerry F. Parker and Nutt spoke in favor of referring
to Supreme Court for constitutionality and legality.
Rep. George B. Roberts, Jr. spoke in favor of referring to
Supreme Court.
(discussion)
Rep. Sayer explained the committee report.
Question on Division 2 of HB 34.
Division 2 adopted.
Rep. Newell offered an amendment.
AMENDMENT
Amend the title of the bill by striking out same and in-
serting in place thereof the following:
An Act
relative to energy facility evaluation, siting,
construction and operation.
The clerk read the amendment in full.
Reps. George B. Roberts, Jr., James E. O'Neil and Sayer
spoke against the Newell amendment.
Newell amendment lost.
House Journal, 7Mar74 189
Report on Division 2 of HB 34 adopted.
SUSPENSION OF RULES
Rep. Drake moved that the rules of the House be so far
suspended as to permit introduction of a committee report not
previously advertised in the calendar on HB 5, relative to the
office of energy administrator, and to permit the bill to be taken
up at the present time.
Adopted by the necessary two-thirds.
COMMITTEE REPORT CONTINUED
HB 5
relative to the office of energy administrator. Ought to pass
with amendment. Rep. Drake for Appropriations.
AMENDMENT
Amend the bill by striking out all after section 5 and in-
serting in place thereof the following:
6 Additional Duties of the Administrator. Amend RSA 339
by inserting after section 41 the following new section.
339:4 1-a Protection of Retail Dealers; Report. The energy
administrator shall further be responsible for developing pro-
tective measures and general assistance for the defense of the
rights of New Hampshire gasoline station operators and retail
fuel oil distributors from their suppliers.
Within thirty days of the convening of any regular or spe-
cial session of the legislature, he shall issue a report with his
recommendations for changes or additions to the state laws for
the purpose of accomplishing the objectives of this statute.
7 Appropriation. There is hereby appropriated for the bi-
ennium ending June 30, 1975 the sum of five thousand dollars
to be expended by the energy administrator to carry out the ob-
jectives and purposes of RSA 339:41-a. The governor is author-
ized to draw his warrant for said sum out of any money in the
treasury not otherwise appropriated.
8 Effective Date. This act shall take effect upon its passage.
The clerk read the amendment in full.
190 House Journal, 7Mar74
Rep. Huot explained the committee report.
(discussion)
Rep. Raymond spoke against the report.
Rep. Daniell spoke in favor of the report.
Amendment adopted.
Ordered to third reading.
(Speaker in tlie Chair)
HB 18
requiring local approval prior to approval of site plans for
oil refineries. Majority: Ought to pass with amendment.
Rep. Sununu for Municipal and County Government.
Minority: Ought to pass with amendment. (Reps. Timo-
thy K. O'Connor and Burke)
Majority: The committee was of the opinion that those mu-
nicipalities operating under a zoning ordinance, such as
Durham and Rye, already had adequate authority on de-
ciding the question of the establishment of an oil refinery.
The bill as amended is applicable only to those munici-
palities without a zoning ordinance.
The com.mittee was unanimously in favor of an oil refinery
to be located in New Hampshire, but only Tvith the ap-
proval of the local population.
Minority: Felt that the addition of local officials to the Site
Evaluation Committee would provide adequate representa-
tion for the municipality. The issuance of a "construction
certificate" would override any municipal ordinance.
Minority report withdrawn.
AMENDMENT
Amend RSA 162-F:l-b as inserted by section 1 of the bill
by striking out same and inserting in place thereof the following:
162-F:l-b Approval by Towns. A site plan for an oil re-
finery shall not be approved and an oil refinery shall not be
located in any town which does not have a zoning ordinance
in effect without a vote of approval of a majority of the voters
House Journal, 7Mar74 191
present and voting on the question at an annual or special town
meeting called for such purpose.
Amend the introductory paragraph of RSA 162-F:l-c as
inserted by section 1 of the bill by striking out same and insert-
ing in place thereof the following:
A site plan for an oil refinery shall not be approved and
an oil refinery shall not be located in any city which does not
have a zoning ordinance in effect without a vote of approval
as hereafter provided:
Rep. Harold E. Thompson wished to be recorded in favor
of the majority report.
Amendment adopted.
Ordered to third reading.
HB 32
relative to the commission and taxes on pari-mutuel pools
at dog tracks. Ought to pass with amendment. Rep. Sayer for
Ways and Means.
The amendment provides for 1/8 of 1% to be expended
for promotion of agriculture and 1/8 of 1% to be ex-
pended for physical improvements at agriculture fairs.
The tax portion is revised and will be explained by the
committee.
To become effective on passage.
AMENDMENT
Amend the bill by striking out all after section 1 and in-
serting in place thereof the following:
2 Changing the Tax Rates Applicable to Dog Racing.
Amend RSA 284:23, Il-a, (supp) , as inserted by 197'l, 541:12,
by striking out said paragraph and inserting in place thereof
the following:
H-a. Each person, association or corporation licensed to
conduct a dog race or dog race meet under this chapter shall
pay to the state treasurer a sum equal to six percent of so much
of the total contributions to all pari-mutuel pools conducted or
made at any dog race or dog race meet licensed hereunder as
192 House Journal, 7Mar74
does not exceed one hundred thousand dollars, seven percent
of so much thereof as exceeds one hundred thousand dollars but
does not exceed two hundred thousand dollars, nine percent of
so much thereof as exceeds two hundred thousand dollars but
does not exceed three hundred thousand dollars, and ten per-
cent of all such contributions exceeding three hundred thousand
dollars. Of the amount so paid to the state treasurer a sum equal
to one-eighth of one percent of said total contributions shall be
expended for the promotion of agriculture in the state and one-
eighth of one percent of said total contributions shall be ex-
pended for physical improvements at agricultural fairs, under
the direction of the commissioner of agriculture, and the bal-
ance shall be distributed in accordance with the provisions of
section 2 of this chapter.
3 Agriculture Promotion Distribution. Amend RSA 284:23,
Ill-a, as inserted by 1959, 181:4, by striking out said paragraph
and inserting in place thereof the following:
Ill-a Notwithstanding any other provisions of this chapter
the total amount to be expended for the promotion of agricul-
ture as a distribution to agricultural fairs shall not exceed the
sum of two hundred twenty-five thousand dollars in any one
year. Whenever the one-fourth of one percent of the total con-
tributions to all pari-mutuel pools conducted at any running
horse race or running horse meet and conducted at any harness
horse race or harness horse race meet, which under the pro-
visions of paragraph I and II of this section are to be expended
for the promotion of agriculture shall exceed one hundred fifty
thousand dollars in any one year, said excess shall be paid into
the general funds of the state. Whenever the one-eighth of one
percent of the total contributions to all pari-mutuel pools con-
ducted at any dog race or dog race meet, which under the pro-
visions of paragraph Il-a of this section are to be expended for
the promotion of agriculture, shall exceed seventy-five thousand
dollars in any one year, the excess shall be paid into the general
funds of the state.
4 Agricultural Fair Improvement Expenditure Limits.
Amend RSA 284:23, as amended, by inserting after paragraph
Ill-a the following new paragraph:
Ill-b Notwithstanding any other provisions of this chapter,
the total amount to be expended for physical improvements at
House Journal, 7Mar74 193
agricultural fairs shall not exceed the sum of seventy-five thou-
sand dollars in any one year. Whenever the one-eighth of one
percent of the total contributions to all pari-mutuel pools con-
ducted at any dog race or dog race meet, which under the pro-
visions of paragraph Il-a of this section is to be expended for
physical improvements at agricultural fairs, shall exceed seven-
ty-five thousand dollars in any one year, the excess shall be paid
into the general funds of the state.
5 Distribution for Physical Improvements at Agricultural
Fairs. Amend RSA 284 by inserting after section 25 the follow-
ing new section:
284:25-a Distribution for Physical Improvement at Agri-
cultural Fairs. The portion of the tax on pari-mutuel pools to
be expended for physical improvements at agricultural fairs, as
provided in RSA 284:23, Il-a, shall be distributed by the com-
missioner of agriculture in equal amounts to all agricultural
fairs which qualify for the distribution under RSA 284:25. All
funds distributed under this section shall be used solely for im-
provement of buildings and grounds at such agricultural fairs
under the supervision of the commissioner of agriculture.
6 Effective Date. This act shall take effect upon its passage.
Rep. Joseph L. Cote spoke against the amendment.
Rep. Drake spoke in favor of the amendment.
Rep. Sayer explained the committee report.
Rep. Nutt further explained the committee report.
(discussion)
Rep. Gerry F. Parker spoke in favor of the amendment.
Amendment adopted.
Ordered to third reading.
SUSPENSION OF RULES
Rep. Greene moved that the rules be so far suspended as
to dispense with hearing, and advertising in Journal on HB 36,
permitting the sale of milk in three quart containers, and to
permit the bill to be taken up at the present time.
Rep. Greene explained the committee report.
194 House Journal, 7Mar74
(Rep, Chase in the Chair)
Rep. James E. O'Neil spoke in favor of the motion.
(Speaker in the Chair)
Adopted by the necessary two-thirds.
Rep. Greene moved that HB 36 be ordered to third read-
ing.
Adopted.
Ordered to third reading.
SUSPENSION OF RULES
Rep. Hamel moved that the rules be so far suspended as to
dispense with hearing and advertising in Journal on HB 37,
to provide for the repeal of the law tending to prohibit hitch-
hiking, and to permit the bill to be taken up at the present time.
Rep. Hamel explained the bill.
Rep. George B. Roberts, Jr. spoke in favor of the motion.
Adopted by the necessary two-thirds.
SUSPENSION OF RULES
Rep. Hamel moved that the rules be so far suspended as
to place HB 37 on third reading and final passage at the present
time.
Adopted by the necessary two-thirds vote.
Ordered to third reading.
Third reading and final passage
HB 37, to provide for the repeal of the law tending to pro-
hibit hitchhiking.
RECONSIDERATION
Rep. Newell moved reconsideration on HCR 2, establish-
ing a joint committee to study the railroad conditions and re-
lated matters in the state of New Hampshire, and subsequently
withdrew his motion.
Rep. Spirou moved reconsideration on HB 34, relative to
House Journal, 7Mar74 195
energy facility evaluation, siting, construction and operations
and providing for a tax on refined petroleum products.
Reconsideration lost.
Rep. Spirou moved reconsideration on HB 18, requiring
local approval prior to approval of site plans for oil refineries.
Reconsideration lost.
RESOLUTION
Rep. George B, Roberts, Jr. moved that all bills ordered
to third reading be read a third time by this resolution and that
all titles of bills and captions of resolutions be the same as
adopted, and that they be passed at the present time, unless
otherwise ordered by the House, and that when the House ad-
journs today it be to meet Tuesday next at 11:00 a.m.
Adopted.
THIRD READING AND FINAL PASSAGE
HB 34, relative to energy facility evaluation, siting, con-
struction and operations and providing for a tax on refined
petroleum products.
HB 15, relative to redistricting the ward lines of the city
of Laconia.
HB 18, requiring local approval prior to approval of site
plans for oil refineries.
HB 32, relative to the commission and taxes on pari-mutu-
el pools at dog tracks.
HB 5, relative to the office of energy administrator.
HB 36, permitting the sale of milk in three quart con-
tainers.
HCR 2, establishing a joint committee to study the rail-
road conditions and related matters in the state of New Hamp-
shire.
HCR 3, relative to the protection of the New Hampshire
Fishing Industry.
On motion of Rep. Huot the House adjourned at 8:03 p.m.
196 House Journal, 12Mar74
Tuesday, 12Mar74
The House met at 11:00 o'clock.
Prayer was offered by Guest Chaplain Rev. Gerald Scrib-
ner, Second Congregational Church of Wilton.
Eternal Spirit, for this day, for our life, for this country, we
give You praise and thanksgiving. As we are gathered here in
this hall, we ask that You might open our minds to understand-
ing, our hearts to truth, and our spirit to wisdom.
Lead the work of all gathered here, that, in the decisions
and laws passed, we find fairness, justice and freedom. In the
whole of our state and country, help us to become a people able
to pursue our opportunity and build our prosperity.
May Your Spirit be in the debate, lead the discussion and
guide the deliberations that all the work done here is accom-
plished for the good of the people of the state and reflect Your
everlasting virtues of Peace and Love. Amen.
PLEDGE OF ALLEGIANCE
Rep. Spirou led the Pledge of Allegiance.
LEAVES OF ABSENCE
Rep. Lefebvre, the day, illness.
Reps. Randall, Grady and Conley, today and tomorrow, ill-
ness.
Reps. Brungot, Sanborn, Woodward, Nelson, and T. Anne
Webster, the day, important business.
Rep. Whipple, today and tomorrow, important business.
Reps. Geiger, Erickson and Bowler, the week important
business.
SENATE MESSAGES
CONCURRENCE
HE 9, increasing the debt limit for the Londonderry school
district.
HB 28, authorizing Franklin Pierce College to grant the
degree of juris doctor.
House Journal, 12Mar74 197
INTRODUCTION SENATE CONCURRENT
RESOLUTIONS
First, second reading &: referral
SCR 1, referring the question of the reclassification of a
certain highway in the town of Clarksville to a joint legislative
committee. Public Works.
SCR 2, referring the question of compensation for the town
of Gorham to a joint legislative committee. Public Works.
INTRODUCTION SENATE BILLS & SJR
First, second reading Sc referral
SB 12, to further protect the rights of mobile home owners
by requiring the consumer protection division of the attorney
general's office to promulgate guidelines as to what constitutes
reasonable rules and regulations for mobile parks and by re-
quiring that tenants be given copies of such rules and regula-
tions. Municipal and County Government.
SB 6, relative to landlord-tenant relations. Judiciary.
SB 10, establishing a sire stakes program and a standard-
bred breeders and owners development agency. Environment
and Agriculture.
o'
SB 9, legalizing special town meetings in Wilmot and Pitts-
field; and the Seabrook School District meeting. Municipal and
County Government.
SB 17, relative to the New Hampshire Port Authority, the
construction of fishing facilities at Portsmouth, Hampton and
Rye harbors, and the location of marine science docking and
related facilities for the university of New Hampshire and mak-
ing an appropriation therefor. Public Works.
SB 2, to provide fairer real estate taxes for the elderly
through a partial exemption from real estate taxes for persons
sixty-five years of age or older, under certain circumstances, and
compensating cities and towns for consequent loss of tax base
and making an appropriation therefor, and making certain re-
visions in the homeowners' exemption law. Ways and Means.
SB 18, providing additional cost of living increases for re-
tired members of the N. H. Teachers' Retirement System, the
198 House Journal, 12Mar74
N. H. Policemen's Retirement System, the N. H. Firemen's Re-
tirement System, the N. H. Retirement System and the State
Employees Retirement System, and making an appropriation
therefor; providing for compensatory contributions for inter-
rupted service; and providing for an actuarial study of prefund-
ing to be paid out of escrowed funds derived from an interest
assumption change. Executive Departments and Administration.
SB 7, relative to capital improvements to the Mount Wash-
ington summit and making an appropriation therefor. Public
Works.
SB 1, providing for open and honest political campaigns
in New Hampshire by requiring greater accountability and full
disclosure of campaign contributions and expenditures; and
protecting party loyalty by disqualifying defeated primary can-
didates from being nominated by petition under certain cir-
cumstances. Stautory Revision.
SB 11, establishing a state historic preservation office and
making an appropriation therefor. Executive Departments and
Administration.
Under Joint Rule 12 the Speaker referred the following
bills to the House Rules Committee:
SB 22, establishing a study committee to develop a plan
to provide public assistance to private institutions of higher
learning in this state.
SB 19, specifying procedures for termination of residential
gas or electric services.
SB 27, to better protect the safety of New Hampshire citi-
zens and law enforcement officers by changing penalties for
homicide in certain circumstances.
SB 26, providing for retirement benefits for supreme and
superior court justices.
SB 24, authorizing cities and towns to grant franchises for
cable television systems.
SB 23, relative to the membership of municipal planning
boards and providing for the creation of cooperative regional
planning commissions.
House Journal, 13Mar74 199
SB 20, providing for regulation of franchise agreements
for the sale of gasoline.
SB 21, establishing a commission on children and youth.
SB 28, to establish standards of care and treatment of alco-
holics, intoxicated persons, and drug dependent people.
SB 29, exempting enterprises selling spirits and wines to
the state of New Hampshire from the business profits tax.
SJR 2, establishing an interim committee to study oil com-
panies and other energy suppliers.
UNANIMOUS CONSENT
Rep. Richard L. Bradley addressed the House by unani-
mous consent.
On motion of Rep. Roma A. Spaulding the House ad-
journed at 11:33 a.m. to meet tomorrow at 11:00 a.m.
Wednesday, 13Mar74
The House met at 1 1:00 o'clock-
Prayer was offered by House Chaplain Rev. Joseph Y.
Beaulieu.
O Lord, our God, the whole world You loved enough to
die for, is moving ahead, with wonder, beauty, and power.
Teach us to put our power and skill at the service of men every-
where. Amen.
PLEDGE OF ALLEGIANCE
Whereas the 15th of March is the birthday of President
Andrew Jackson, who as General Jackson commanded the vic-
torious American troops at the Battle of New Orleans in 1815;
whereas the 7th Regiment of Infantry is the former regiment of
Rep. Benton, it is therefore appropriate that Rep. Benton lead
the pledge to the flag today.
200 House Journal, 13Mar74
LEAVES OF ABSENCE
Rep. Plumer, the day, illness.
Reps. Maynard, Martineau, LaRoche and Gibbons, indefi-
nite, illness.
Reps. Edward A. Johnson and Armand R. Lemire, the day,
important business.
COMMUNICATION
Mr. J. Milton Street, Clerk
Dear Mr. Street:
On March 13, 1974, the following Representatives-elect
appeared before the Governor and Council and were sworn into
office:
Hillsborough County District No. 18 (Nashua, Ward 3)
Robert D. Tropea, r, Nashua 03060 (2 Swart Terrace)
Rockingham County District No. 15 (North Hampton,
Stratham) Franklin Wolfsen, r. North Hampton 03862
Strafford County District No. 17 (Dover, Ward 5) Leo E.
Lessard, d, Dover 03820 (Old Madbury Lane)
Edward C. Kelley
Deputy Secretary of State
COMMITTEE APPOINTMENTS OF
NEW MEMBERS
Rep. Tropea, Labor, Human Resources and Rehabilita-
tion.
Rep. Lessard, Education.
Rep. Wolfsen, Fish and Game.
RESOLUTION
Rep. George B. Roberts, Jr. offered the following resolu-
tion for the committee on rules:
Resolved, that in accordance with the list in the possession
of the clerk Senate Bills 19, 20, 21, 22, 23, 24, 26, 27, 28, 29 and
SJR 2 shall be by this resolution read a first and second time
House Journal, 13Mar74 201
by the therein listed titles, and referred to the therein designated
committees.
Adopted.
INTRODUCTION OF SENATE BILLS
First, second reading & referral
SB 22, establishing a study committee to develop a plan
to provide public assistance to private institutions of higher
learning in this state. Education.
SB 19, specifying procedures for termination of residential
gas or electric services. Judiciary.
SB 27, to better protect the safety of New Hampshire citi-
zens and law enforcement officers by changing penalties for
homicide in certain circumstances. Judiciary.
SB 26, providing for retirement benefits for supreme and
superior court justices. Judiciary.
SB 24, authorizing cities and towns to grant franchises for
cable television systems. Statutory Revision.
SB 23, relative to the membership of municipal planning
boards and providing for the creation of cooperative regional
planning commissions. Municipal and County Government.
SB 20, providing for regulation of franchise agreements for
the sale of gasoline. Executive Departments and Administration.
SB 21, establishing a commission on children and youth.
Public Health and Welfare.
SB 28, to establish standards of care and treatment of al-
coholics, intoxicated persons, and drug dependent people. Pub-
lic Health and Welfare.
SB 29, exempting enterprises selling spirits and wines to
the state of New Hampshire from the business profits tax. Ways
and Means.
SJR 2, establishing an interim committee to study oil com-
panies and other energy suppliers. Statutory Revision.
SENATE MESSAGE
CONCURRENCE HB WITH SENATE AMENDMENT
(Amendment printed in SJ, March 7)
202 House Journal, 13Mar74
HB 23, continuing present city of Somersworth's elected
officials in office until the next regular election, and constitu-
tional convention delegates from old wards.
Rep. Benton moved that the House concur with the Sen-
ate amendment.
Adopted.
COMMITTEE REPORTS
HB 2
making appropriations for capital improvements. Ought
to pass with amendment. Rep. Drake for Appropriations.
AMENDMENT
Amend the bill by striking out all after the enacting clause
and inserting in place thereof the following:
1 Appropriation. The sums hereinafter detailed in this sec-
tion are hereby appropriated for the projects specified to the
departments, agencies and branches named:
I. Adjutant General
Concrete floor — Manchester Armory 150,000
II. Administration and Control
(a) Restore and refurbish legis-
lative chambers and 3rd
floor of state house $160,000*
(b) Refurbish exterior of state house 80,000
(c) Renovate first floor toilets 30,000
(d) Clean and point exterior-state library 50,000
(e) Renovations to Purchase and
Property Warehouse 68,000
Total Paragraph II 388,000
•The projects for which these appropriations are made shall, notwith-
standing any statutes to the contrary, be under the complete and sole
control of the Speaker of the House and President of the Senate jointly.
No part of this appropriation shall be expended for the Senate Chamber
proper.
III. Aeronautics Commission
(a) Nashua — Land for ILS $240,000
Less Federal 180,000
Net Appropriation 60,000
House Journal, 13Mar74 203
(b) Lebanon — Taxiway $112,000
Less Federal 84,000
Net Appropriation 28,000
Total Paragraph III 88,000
IV. Education — New Hampshire Voca-
tional-Technical Colleges
(a) Nashua
Automotive building — Design,
engineering, and working draw-
ings to be ready for 1975
Legislative Session |45,000
(b) Claremont
Allied health science building —
Design, engineering, and work-
ing drawings to be ready for
1975 Legislative Session 75,000
(c) Laconia
New equipment-two graphic arts
pressess and two related items 78,000
(d) Berlin
Automotive shop addition 143,000
(e) Manchester
Library extension 225,000
Total Paragraph IV 566,000
V. Health & Welfare
(a) Office building — phase II —
Design, engineering, and work-
ing drawings to be ready for
1975 Legislative Session $655,000
(b) N. H. Home for the Elderly
(Glencliff) — Laundry 83,600
(c) N. H. Hospital
(1) Reline fuel oil tanks $18,000
(2) Equipment for main
building kitchen 25,000
(3) Plumbing, renovation,
etc, in south side
main building 69,000
(4) Plumbing, renovation,
etc. in north side
main building 86,000
(5) Dolloff building — reno-
vate to life safety code, etc. 80,500
(6) Reconstruction and reno-
vation of Tobey, Thayer,
Brown, and Walker buildings —
204 House Journal, 13Mar74
, Design and engineer-
ing all four buildings
300,000
, Reconstruction and
renovation of Tobey
building complete:
Construction
823,400
Contingencies
100,000
Equipment
40,000
Total Subparagraph (c) 1,541,900
(d) Laconia State School and
Training Center
(1) Laundry equipment $55,000
(2) Dairy barn conversion 30,000
(own forces)
(3) Renovate electrical
entrance and outside
wiring phase I 132,000
Total Subparagraph (d) 217,000*
* Authority is hereby granted to sell, dispose or remove, at
no cost, the silo at the Laconia State School and Training Cen-
ter. Any revenue derived from its sale or removal shall be de-
posited in the general funds of the state.
Total Paragraph V 2,497,500
VI. New Hampshire Youth Development
Center — acquisition of one youth
residential center located off the
present property but within the
Manchester area. 125,000*
Spaulding Cottage renovation 55,000
*This appropriation shall be reduced by any available fed-
eral funds.
Total Paragraph VI 180,000
VII. Liquor Commission
Addition to Portsmouth store No. 58 345,000
VIII. Department of Resources and
Economic Development
(a) Relocation and reconstruc-
tion of forestry nursery
administration building,
laboratory. Bear Brook central
warehouse, and shop area. $65,000
(b) Division of Parks
(1) Engineering and construction
House Journal, 13Mar74
205
A. Bear Brook — new water
supply
49,000
B. Franconia — phase II
snowmaking, novice slope
development
95,000
C. Greenfield — construct
shower building and ex-
pand parking and picnick-
ing area
56,000
D. Odiorne Point — site
improvement at Frost Point
25,000
E. Pawtuckaway — sewage
dumping station and
beach expansion
40,000
Total Subparagraph (b)
$265,000
Less federal assistance
132,500
Net appropriation subparagraph (b)
(c) Capital projects — utility
construction — 5 year bonds
(1) Franconia Notch State
Park — tram overhaul
(2) Engineering for snow
making equipment for
Mt, Sunapee
Total Subparagraph (c)
Total Paragraph VIII
IX. Department of Safety
(a) Office building
Plans and engineering only
including parking layout
and drawings
(b) Safety services
Boat house — rebuild and
expand
(c) State police
Renovate radio station
and building
Total Paragraph IX
X. Veteran's Home
Nursing care unit
Less federal funds
Net state appropriation Paragraph X
XL State Prison
Improvements and repairs as
follows: replacing windows
$180,000
12,500
132,500
192,500
390,000
$250,000
25,000
8,000
283,000
$2,134,720
1,387,568
747,152
206 House Journal, 13Mar74
(main cell block) , renovate
heating (main cell block), new
roofs on hospital and old boiler
room, No. 1 boiler conversion burn-
er, toilets for annex, renovate
annex, maximum security cells in
old hospital area 275,900
XII. Water Resources Board — Repairs,
reconstruction and rebulding
of dams.
(a) Union Meadows $43,320
(b) Kingswood Lake 53,420
(c) Glen Lake 151,620
(d) Howe Reservoir 29,640
(e) Winnisquam Lake 114,000
Total Paragraph XII 392.000
XIII. Water Supply and Pollution
Control Commission
Regional waste treatment plant
Winnispesaukee River Basin $20,086,000
Less federal funds 15,064,500
Less local funds 1.004,300
Net state appropriation Paragraph XIII 4,017,200
XIV. Public Works and Highway,
Division of
Constractual maintenance projects:
5 year bonds
New Hampshire Hospital
Concord, N. H.
(a) Overhauling elevators $40,000
(b) Reinsulate warehouse freezer 12.000
Total Paragraph XIV 52,000
Total state appropriation Section 1 10,271.752
2 Appropriation, University of New Hampshire. The sums
hereinafter detailed in this section are hereby appropriated for
the projects specified, including but not limited to the pur-
chasing, constructing, furnishing and equipping thereof, to the
trustees of the University of New Hampshire system:
I. Merrimack Valley Branch
(a) Development of outside
utilities $3,750,000
(b) Construction of first
building 1,668,000
House Journal, 13Mar74 207
(c) Design and working drawings
of second building 175,000
Total Paragraph I $5,593,000**
II. Keene Campus
Renovation of former Elliot
Hospital 700,000*
III. Plymouth Campus
New academic building complete 4,000,000**
IV. Durham Campus
Complete renovation of James,
Morrill, Murkland, and Kingsbury
Halls to conform with N. H. Life
Safety Code 486,000**
V. All Campusei
Phase I of installation of fire
detection systems in various
buildings to comply with N. H.
Life Safety Code 82,000**
VI. Snively Arena — Fire doors, safety
lights and devices to meet Life
Safety Code 18.000**
Total state appropriation Section 2 $10,879,000
* These funds shall not be transferred or used for any other
purposes and is the total amount to be appropriated and/or
expended for all renovation or conversion of the Elliott prop-
erty to university use, and the following priorities in spending
will apply: (1) repairs to roofs; (2) repairs to heating equip-
ment and utilities to meet minimum applicable life safety code
standards; (3) minimum alterations required to make usable
buildings for administrative and academic purposes.
** These funds shall not be transferred or used for any
other purposes.
3 Appropriation; Self-Liquidating. The sum of two million
one hundred eighty-three thousand dollars is hereby appropri-
ated for the purpose of constructing, furnishing, and equipping
housing and dining facilities and utilities at the University of
New Hampshire as follows:
Durham
Dormitory
Construction $2,040,000 * *
208 House Journal, 13Mar74
Furnishings and equipment 143,000*
Total section 3 $2,183,000
*5 year bonds
** 30 year bonds
4 Expenditures, General. The appropriation made for the
purposes mentioned in sections 1 and 13, and the sums avail-
able for those projects, shall be expended by the trustees, com-
mission, commissioner, or department head of the institutions
and department referred to herein, provided that all contracts
for projects and plans and specifications therefor, shall be
awarded in accordance with the provisions of RSA 228.
5 Expenditures, University of New Hampshire.
I. The appropriations made for the purposes mentioned
in sections 2 and 3 and the sums available for these projects
shall be expended by the trustees of the University of New
Hampshire. All contracts for the construction of all or any part
of said building or facilities shall be let only after competitive
sealed bids have been received and only after an advertisement
calling for such bids has been published at least once in each
of two successive calendar weeks in a newspaper of general cir-
culation in New Hampshire or in a trade journal known to be
circulated among the contractors from whom bids will be
sought with the state of New Hampshire or elsewhere in the
area. The first publication of such advertisement shall be not
less than thirty days prior to the date the bids will be received.
All conditions considered, wherever possible, it is recommended
that the services of New Hampshire architectural and construc-
tion firms be considered within the discretion of the trustees.
II. Availability of Appropriation. The appropriations made
in sections 2 and 3 are available for all costs incidental to the
erection, furnishing, and equipping of these facilities including
the necessary extension of utilities and includes the cost of the
services of architects, engineers, and other consultants of such
kind and capacity as the university board of trustees may, in its
discretion, wish to employ on such terms and conditions as the
board determines, and include the cost of furnishing and equip-
ping the facilities with moveable equipment and furnishings
not affixed to the buildings, and which are not listed in the
specifications approved for implementation of the construction
House Journal, 13Mar74 209
plans. These monies shall be spent under the direction of the
university board of trustees.
III. Rejection of Low Bids. If, in the judgment of the
trustees of the university, just cause exists indicating the lowest
bid should be rejected, then the contract may be awarded to the
next lowest bidder, or if the next lowest bid should be rejected,
the contract may be awarded to the third lowest bidder.
IV. Rejection of All Bids. The board of trustees of the
university has the right to reject any and all bids and, if the
lowest bid is in excess of the appropriation, the board has the
right to negotiate with the low bidder or with the three lowest
bidders for a contract for the construction upon terms considered
most advantageous to the university. If only one bid is received,
the board of trustees may negotiate a contract for the construc-
tion on terms considered most advantageous to the university
and to the state. Any authorization contained in this act which
is a variance with the requirements of applicable federal law
and regulations shall be controlled by the terms of the federal
law and regulations.
6 Land Acquisition. Any land acquired under the appro-
priations made in sections 1 and 13, except such land, if any,
as may be acquired under the appropriation for water resources
board, shall be purchased by the commissioner of public works
and highways, with the approval of governor and council.
7 Bonds Authorized. To provide funds for the total of the
appropriations of state funds made in sections 1, 2 and 3 of this
act, the state treasurer is hereby authorized to borrow upon the
credit of the state not exceeding the sum of twenty-three million
three hundred thirty-three thousand seven hundred fifty-two
dollars and for said purpose may issue bonds and notes in the
name and on behalf of the state of New Hampshire in accord-
ance with the provisions of RSA 6-A; provided, however, that
the bonds issued for the purposes of section 1, subparagraph
VIII (c), paragraph XIV and section 3 (furnishings and equip-
ment $143,000) of this act, shall have a maturity date of five
years from date of issue, and provided further that the bonds
issued for the purposes of section 3 (construction $2,040,000)
of this act shall have a maturity date of thirty years from the
date of issue.
8 Payments. The payment of principal and interest on
210 House Journal, 13Mar74
bonds and notes issued for the projects in sections 1, 2, 3 and
13 shall be made when due from the general funds of the state.
9 Liquidation. The state treasurer is authorized to deduct
from the fund accruing to the university under RSA 187:24, or
appropriation in lieu thereof, for each fiscal year such sums as
may be necessary to meet interest and principal payments in
accordance with the terms and conditions of the bonds or notes
issued for the purposes of section 2 and 3 hereof.
10 Powers of Governor and Council. The governor and
council are hereby authorized and empowered:
I. To cooperate with and enter into such ageements with
the federal government or any agency thereof, as they may deem
advisable, to secure federal funds for the purposes hereof.
II. To accept any federal funds which are, or become avail-
able for any project under sections 1 and 13 beyond the esti-
mated amounts. The net appropriation of state funds for any
project for which such additional federal funds are accepted
shall be reduced by the amount of such additional funds, and
the amount of bonding authorized by sections 7 or 14, which-
ever is applicable, shall be reduced by the same amount.
11 Transfers. The individual project appropriations, as
provided in sections 1, 2, 3 and 13 shall not be transferred or
expended for any other purposes; provided that if there is a
balance remaining after an individual project, which is fully
funded by state funds, is completed, said balance or any part
thereof may be transferred by governor and council to any other
individual project or projects, which are also fully funded by
state funds, within the same section.
12 Reduction of Appropriations and Bonding Authority.
If the net appropriation of state funds for any project provided
for by sections 1, 2, 3 and 13 is determined on the basis of an
estimate of anticipated federal, local or other funds, and if the
amount of such funds actually received or available is less than
said estimate, then the total authorized cost for such project and
the net appropriation of state funds therefor each shall be re-
duced by the same proportion as the proportion by which fed-
eral, local or other funds are reduced. The amount of bonding
authorized by sections 7 or 14, whichever is applicable, shall be
reduced by the amount that the appropriation of state funds
is reduced pursuant to this section.
House Journal, 13Mar74 211
13 Water Resources Board Appropriation. The sums here-
inafter detailed in this section are hereby appropriated for the
projects specified, for capital improvements and long-term re-
pairs thereto, to the water resources board:
I. Baker River Watershed Project
Sites 6-A, 7, and 11-A $2,850,350
Less federal funds 2,158,575
Less other funds 81,000
Net state appropriation paragraph I $610,775
II. Cold River Watershed Project
Site 6 (jointly with state of Me.) 345,700
Less other funds 34,000
Less federal funds 296,000
Net state appropriation paragraph II 15,700
III. Souhegan River Watershed — Site No. 33 2,500
Site No. 8 40,000
Total paragraph III 42,500
Total state appropriation section 13 $668,975
14 Bonds Authorized. To provide funds for the total of
the appropriations made of state funds in section 1 3 of this act,
the state treasurer is hereby authorized to borrow upon the
credit of the state not exceeding the sum of six hundred sixty-
eight thousand nine hundred seventy-five dollars and for said
purposes may issue bonds and notes in the name and on behalf
of the state of New Hampshire in accordance with the provisions
of RSA 6-A.
15 Appropriation Extension. The appropriation made to
the water resources board by 1971, 559, X, for the specified
capital expenditures shall be available for expenditure until
July 1,1977.
16 Certain Parks Appropriations of 1971 Extended. The
following appropriations to the division of parks, for the speci-
fied capital improvements, shall be available for expenditure
until July 1, 1976:
212 House Journal, 13Mar74
I. 1971, 559:1, VII, (1), (a), (i) , Franconia Notch State
Park, tramway cable.
II. 1971, 559:1, VII, (1) , (b) , Berlin wayside and recrea-
tion area.
III. 1971, 559:1, VII, (1), (g) , dredging and improve-
ments of Hampton Harbor.
17 Appropriation for Hooksett Liquor Store Extended.
Amend 1972, 42 by inserting after section 4 the following new
section:
42:4-a Appropriation Extended. Notwithstanding any other
statute to the contrary the appropriation made by this act shall
be available for expenditure up to July 1, 1976.
18 Aeronautics Commission. Amend the footnote in Laws
of 1969, 504:1, III, as amended by Laws of 1972, 62:3, by add-
ing to the footnote the following new paragraph (The pro-
visions within this footnote which appear prior to this inser-
tion shall not apply to paragraphs III, (b) and (d) , but said
appropriations shall be matched with any applicable federal
funds and shall, notwithstanding the provisions of RSA 9:18,
not lapse until June 30, 1974.)
19 Angle Pond Appropriation Increased. Amend Laws of
1969, 489:3, by striking out said section and inserting in place
thereof the following:
489:3 Expenditure Authorized. The water resources board
is hereby authorized to expend a sum of money not to exceed
thirty thousand dollars for use in acquiring, repairing and
maintaining the dam on North River Pond in the town of
Nottingham and the dam at the outlet of Angle Pond in the
town of Sandown which shall be a charge against the fund
established in RSA 270:5, VII.
20 Pisgah Road Appropriation Reduced and Extended,
Amend Laws of 1971, 559:1, VII, (1) , (e) , by striking out the
same and inserting in place thereof the following:
(e) Pisgah Road Improvements $102,500
Less federal funds 40,000
Total $62,500*
*Within this appropriation the sum of $22,500 provides for
House Journal, 13Mar74 213
nonfederal BOR participation projects. This appropriation shall
not lapse until June 30, 1976.
21 Reducing the Appropriation for the Soldiers' Home.
Amend Laws of 1971, 559:1, VIII, by striking out said para-
graph and inserting in place thereof the following:
VIII. Soldiers' Home
Engineering services — renovations 2,000
22 Reducing the 1971 Capital Budget Bonding. Amend
Laws of 1971, 559:8, as amended, by striking out said section
and inserting in place thereof the following:
559:8 Bonds Authorized. To provide funds for the appro-
priations made in sections 1, 2, 3 and 16 of this act, the
state treasurer is hereby authorized to borrow upon the credit
of the state not exceeding the sum of eleven million four hun-
dred one thousand one hundred sixty-five dollars and for said
purposes may issue bonds and notes in the name and on behalf
of the state of New Hampshire in accordance with the provisions
of RSA 6-A; provided, however, that the bonds issued for the
purposes of section 3 of this act shall have a maturity date of
thirty years from the date of issue.
23 Legislative Facilities Committee. Amend 1973, 368:1 by
striking out said section and inserting in place thereof the fol-
lowing:
368:1 Committee Established. A joint committee on legis-
lative facilities is hereby established for the purposes of con-
ducting, supervising and coordinating the renovating, rebuild-
ing, remodeling or construction of the state-owned building
known as the Old Post Office located in Concord, New Hamp-
shire, in its sole discretion as it deems necessary, for hearing
rooms, meeting rooms and other facilities for the use and con-
trol of the legislature and their supporting activities. Such com-
mittee shall also conduct, supervise and coordinate the planning
and construction of a legislative parking facility to be located
in Concord, New Hampshire for the use and control of the
legislature and their supporting activities. The committee shall
consist of the president of the senate and the speaker of the
house, the majority and minority leaders of each body and one
member of the senate appointed by the president of the senate
and one member of the house appointed by the speaker of the
214 House Journal, 13Mar74
house who shall be members from the office space study com-
mittee; and an additional member of the senate appointed by
the president and an additional member of the house appointed
by the speaker. The committee shall meet as required and shall
serve without compensation; however, the committee members
shall receive legislative mileage.
24 Legislative Parking Facility. Amend 1973, 368:2 by
inserting after paragraph IX the following new paragraphs:
X. The committee shall have the authority to negotiate
and contract with the city of Concord for the acquisition of land
or air rights for the purpose of constructing a parking facility
for the use of the legislature, and such land or air rights may
be acquired without the consent of the governor and council.
XI. Notwithstanding any other provisions of law to the
contrary, all space in and utilization of the legislative parking
facility shall be determined by the president of the senate and
the speaker of the house.
25 Appropriation. Amend 1973, 368 by inserting after sec-
tion 6 the following new sections:
368:6-a Appropriation. The sum of seven hundred seventy
thousand dollars is hereby appropriated for the planning and
construction of a legislative parking facility. Said sums shall
be expended by the legislative facilities committee. The com-
mittee is authorized to apply for, accept and expend federal
and private funds that may be made available for the purposes
of this act and the amount of state funds available for said pur-
poses shall be reduced by the amount thereof.
368:6-b Bonds Authorized. To provide funds for the appro-
priation made in section 6-a of this act, the state treasurer is
hereby authorized to borrow upon the credit of the state not
exceeding the sum of seven hundred seventy thousand dollars,
and for said purpose may issue bonds and notes in the name
and on behalf of the state of New Hampshire in accordance with
the provisions of RSA 6-A.
26 Powers of University Trustees. Amend RSA 187:8, as
amended, by inserting after paragraph IX the following new
paragraph:
X. To maintain and operate all housing facilities, dining
House Journal, 13Mar74 215
halls or other food service facilities, student unions, and book-
stores for students and faculty on all campuses of the university
system which are in existence on the effective date of this para-
graph or which may later be constructed and to collect rents
from any such housing facilities.
27 Special Funds Established. Amend RSA 187 by insert-
ing after section 10 the following new section:
187:10-a Special Funds for Self-amortizing Projects. The
trustees of the university shall keep the income from all: hous-
ing facilities, dining halls and other food service facilities, stu-
dent unions, and bookstores each in a separate fund for each
division or campus of the university system. From each such
fund shall be paid the proportionate part of the annual interest
on the state borrowing for the purpose of constructing any of
the four above-mentioned particular facilities at the particular
division of campus, and a like proportionate payment of install-
ments of principal as the same become due until such time as
all obligations incurred by the state for any of said four facili-
ties at any division or campus have been met. All operating and
maintenance expenses of the four above-mentioned facilities
shall be paid from the applicable separate fund hereby estab-
lished.
28 Repeal. The following statutes are hereby repealed:
I. RSA 187:10, relative to dormitory rentals;
II. Laws of 1967, 394:ll-a, establishing special funds for
certain university buildings;
III. Any statute inconsistent with the provisions of RSA
187:8, X or RSA 187:10-a.
29 Effective Date. This act shall take effect upon its passage.
Rep. Drake explained the committee report.
(discussion)
Rep. Tucker: Mr. Mann, in Paragraph IV for education,
N. H. Vocational-Technical Colleges, specifically Nashua and
Claremont, these particular buildings were in the original
capital budget that was passed in the regular session and now
the construction funds have been withdrawn and engineering
funds are left in on this particular budget item. Would you
216 House Journal, 13Mar74
please, for the benefit of the House, specifically for those in the
Nashua and Claremont areas, present to us the thinking of the
Public Works Committee in regard to those two particular
projects. Why you have taken the action you have and what is
the intent — the legislative intent of the Public Works Com-
mittee as it relates to these two projects.
Rep. Mann: Mr. Speaker, as we discussed in the hall, I
think that in reviewing in depth the Nashua and Claremont
schools and the Health and Welfare buildings, we found that
there were no plans, no engineering. Doing it this way, we felt
there was a delay of about three months because this is a half-
year capital budget, — it was a two-year capital budget. You
will be considering another capital budget in about a year.
Our feeling was to try to keep these as an on-going project and
therefore, to try to (I don't know know as I should say to com-
mit the legislature) but more or less get these designs, en-
gineering, working drawings that we can consider in the next
Legislative session. I think that the Public Works Committee,
as a whole, is very favorable to all three of these projects. It is
just money, time, and — you know what happened to the last
capital budget.
Speaker: Mr. Raymond, do you want to further answer
the question?
Rep. Raymond: I would like to speak on behalf of the
Appropriations Committee as a whole and say that we strongly
supported this concept in the last session and you can be sure
we are not stepping aside in this session. We agree that this is
good sound business to get these working drawings and then
get the actual dollar needs we have early in 1975 for that bud-
get, and then we can move forward.
Rep. Tucker: Do you agree with Mr. Mann that this is
regarded, at least at this point in time, as an on-going project?
Rep. Raymond: I heard the comment in back of me, "It
wouldn't be in there if it wasn't" and I am tempted to agree
with him because — let me remind you that I have been work-
ing on some of these projects since 1969 as well as many other
people. I don't think we are going to let it go down the drain
now.
Rep. Tucker: Thank you.
Speaker: Mr. D'Amante, you may inquire.
House Journal, 13Mar74 217
Rep. D'Amante: Mr. Raymond, I had an amendment
drawn up in Paragraph IV. I was concerned and I am going to
withdraw my amendment. I am not even going to offer it, but
I still want to make it literate and make sure that one thing,
that all these Vo-Tech schools are not going to have to worry
about funds to complete their project in two years. Am I cor-
rect in my thinking?
Rep. Raymond: Mr. D'Amante, I would not dare prophesy
what you and the members of this honorable General Court
will do in the next session. This is not our prerogative. But,
this signifies, as it is listed, the intent of this current House
to continue with this project.
Rep. D'Amante: Then we are laying the foundation for
this project to be completed?
Rep. Raymond: Yes, sir, we are following a procedure
which we initiated in 1969 of requiring all of these drawings
and I hoped you wouldn't press me to the point, but I am a
little bit abashed that we didn't have them all ready now.
Rep. D'Amante: Thank you.
Rep. Chandler spoke against the amendment.
(discussion)
Rep. Curran spoke against the amendment.
Reps. Sanborn, Boisvert and George B. Roberts, Jr. spoke
in favor of the amendment.
Reps. Gelinas and Nelson non-spoke in favor of the amend-
ment.
Amendment adopted.
Rep. Horan offered an amendment.
The Clerk read the amendment in full.
Rep. Horan spoke in favor of his amendment.
(discussion)
Reps. Williamson, Orcutt, French, Spirou and Drake spoke
against the Horan amendment.
Reps. Daniels, Harry C. Parker, Ellis and Lamy non-spoke
against the Horan amendment.
218 House Journal, 13Mar74
Reps. Daniels, Harry C. Parker, Ellis and Lamy non-spoke
against the Horan amendment.
Rep. Horan requested a division.
7 members having voted in the affirmative, and 274 in the
negative, the Horan amendment lost.
Rep. Plourde offered an amendment.
The clerk read the amendment in full.
Rep. Plourde explained his amendment.
(discussion)
Reps. Raymond, Zachos, Belair, Gelinas and Drake spoke
against the Plourde amendment.
Reps. Rock, McDonough and Drew non-spoke against the
Plourde amendment.
Plourde amendment lost.
Ordered to third reading.
Rep. Sayer offered the following.
HOUSE RESOLUTION
Whereas the House of Representatives by resolution
adopted March 7, 1974, referred to the New Hampshire Su-
preme Court certain questions of law for an advisory opinion
concerning the taxation provisions contained in HB 34, An
Act relative to energy facility evaluation, siting, construction
and operations and providing for a tax on refined petroleum
products;
And Whereas it has come to the attention of the House
that it is desirable to propound a supplementary question con-
cerning said bill in order to obtain as comprehensive an ad-
visory opinion as possible in the circumstances;
Now Therefore be it resolved by the House of Represen-
tatives that Request No. 6865 now pending in the New Hamp-
shire Supreme Court be supplemented by adding thereto the
following additional question:
3-a. Would it be a valid exercise of the state's taxing powers
to amend the taxing provisions of the proposed statute so as
to provide that the tax in question be levied as an ad valorem
House Journal, 13Mar74 219
tax, namely, a reasonable and uniform percentage of the fair
value per barrel of such refined petroleum products?
Be It Further Resolved that the Speaker of the House
transmit seven copies of this supplementary resolution to the
Clerk of the Supreme Court for consideration by said court.
Adopted.
Rep. George B. Roberts and Coutermarsh offered
HOUSE CONCURRENT RESOLUTION 5
establishing a schedule of legislative days for
the remainder of the special session.
Be It Resolved by the House of Representatives, the Senate
concurring:
That, both houses of the General Court shall each adjourn
from the eighth legislative day to March 19 which shall be the
ninth legislative day and thereafter to succeeding legislative
days according to the following schedule:
March 20, the tenth legislative day; March 26, the eleventh
legislative day; March 27, the twelfth legislative day; March
28, the thirteenth legislative day; April 2, the fourteenth
legislative day; and April 11, the fifteenth legislative day.
EXPLANATION
March 27th, the 12th legslative day, is the last day for all
bills passed by one body to be considered by the other body.
April 2nd, the 14th legislative day, is the last day for the
adoption of all committee of conference reports.
The only business in order on April 11th, the 15th legis-
lative day, will be the consideration of any vetoes by the Gov-
ernor.
The clerk read the resolution in full.
Rep. George B. Roberts, Jr. explained the resolution.
Reps. Gerry F. Parker and Ethier spoke against the reso-
lution.
(discussion)
220 House Journal, 13Mar74
Reps. Coutermarsh, Daniell and Zachos spoke in favor of
the resolution.
Resolution adopted.
RECONSIDERATION
Rep. Drake moved reconsideration on HB 2, making ap-
propriations for capital improvements.
Reconsideration lost.
RESOLUTION
Rep. George B. Roberts, Jr. moved that all bills ordered
to third reading be read a third time by this resolution and that
all titles of bills be the same as adopted, and that they be passed
at the present time, unless otherwise ordered by the House, and
that when the House adjourns today it be to meet Tuesday
next at 11:00 a.m.
Adopted.
Third reading and final passage
HB 2, making appropriations for capital improvements.
UNANIMOUS CONSENT
Rep. Zachos addressed the House by unanimous consent
concerning the Speaker's speech in Albany, New York.
Rep. Zachos moved that Speaker O'Neil's address be
printed in the Journal.
Adopted.
James E, O'Neil, Sr.
Speaker of the
NEW HAMPSHIRE HOUSE OF REPRESENTATIVES
Lecture Address
"Emerging Dynamism of State Legislatures"
By invitation of
New York Senate Majority Leader Warren M. Anderson
and
House Journal, 13Mar74 221
President Louis T. Benezet
State University of New York at Albany
before the
Distinguished American Legislative Leaders
Monday, February 25, 1974
This evening I would like to share with you some of my
thoughts on the proper role of state legislatures in these chang-
ing and often difficult times.
If we as legislators are to control our own destiny, we must
first define what we wish that destiny to be.
Let us begin by reflecting for a moment upon how and why
our branch of government was conceived and the nature of the
role it was designed to play.
The lessons of history convinced our Founding Fathers
that no single segment of society should control our government.
Their solution was the federal system — a balance of power,
first between the states and the national government and sec-
ondly, within the national government itself.
This system of checks and balance forms the bedrock of our
system of self-government. It is in the interest of every Ameri-
can to keep all of its parts strong and of equal power.
Yet, at the present time, our governmental equation is out
of balance.
The scales that weigh the federal system have tilted to re-
flect the pre-eminence of Washington in relation to the states.
And similarly, within the national government itself the power
of the President and of the Judiciary have increased — at the
expense of the Congress.
Unfortunately, it is not only in Washington that we find
an erosion of the powers of the legislative branch.
Our state legislatures — once proud and strong — have let
their rightful place slip from them.
I would submit that a strong and equal legislative branch
is as important in your state capitol as it is in Washington.
Any legislative body that is weak is not capable of reconcil-
222 House Journal, 13Mar74
ing the ever-increasing, complex and conflicting demands of
today's society.
And make no bones about it — it is our job as legislators to
reconcile these demands.
Under both our State and Federal Constitutions, the legisla-
tive is the only branch that can make, amend or eliminate laws.
It is only in the forums of Senate and House that these basic
principles that govern our lives are made.
And while the three branches of our governments should
indeed be equal, I would suggest that legislatures were intended
to be the pivotal institutions in this democracy — and thus a
little bit more equal than the other two branches.
While perhaps a bit self-serving, the following statement
issued in 1816 by a congressional select committee does empha-
size the importance of the lawmaking power.
"Of all the powers with which the people have invested
the Government, that of legislation is undoubtedly the chief.
In addition to its own important, ordinary duties, the Legisla-
ture is the only power which can create other powers. . . .
"Over the most numerous branch of the Legislature, there-
fore, the people have retained the power of frequent elections;
and with this branch alone they have trusted the original exer-
cise of the risfht of taxation.
'C3'
■'The members of the House of Representatives are the
special delegates and agents of the people in this high trust.
They, and they alone, can touch the mainspring of the public
prosperity. They are elected to be the guardians of the public
rights and liberties."
Most people neither understand nor appreciate how a legis-
lature works. As legislators we have twin functions — and twin
faces.
On one hand, we are the representatives of the people and
we look to them — searching out and receiving public problems.
On the other, we must look to the law itself — to the de-
velopment of public policy and its implementation.
I quote from the Federalist essay No. 62, "A good govern-
ment implies two things; first, fidelity to the object of govern-
House Journal, 13Mar74 223
ment, which is the happiness of the people; secondly, a knowl-
edge of the means by which that object can be best attained."
Put another way, legislatures are really two separate things:
a collectivity and an institution.
As a collectivity, we as legislators act as receptors and reflect
the needs and wants of constituents.
As an institution, we as legislators have to make laws and
ve at some conclusions about
as what we have been asked to do.
arrive at some conclusions about what ought to be done as well
As all of you know from experience, these are not neces-
sarily compatible functions. Thus a major organizational prob-
lem for any legislature is the development of means by which
a collection of individual representatives can function as an
institution. In most American legislatures, the committee sys-
tem is designed to facilitate representative and problem-defining
functions (the face to the public) ; the political party and leader-
ship systems seek to facilitate the compromises necessary to
arrive at conclusions (the face to the government.)
The fact that neither operates smoothly says more about the
complexities of the tasks to be performed than about the com-
petency of the legislators — a point normally missed by critics
of legislatures at all levels.
We are too often criticized for ignoring problems while
simultaneously being ridiculed for making the compromises
necessary to get action to resolve them.
So as legislatures we have twin faces. To complicate things
further, we are also — with a single exception — twin-headed.
This bicameral feature is so obvious as to hardly bear mention-
ing. And yet it, too, is ignored by most commentators.
A legislature is not a thing. It is two things — a House and
a Senate.
And although the legislature as a whole is designed to be
both a collectivity and an institution, these two functions were
not intended to be shared equally.
The House of Representatives is just that — a house of
representatives. It is the place of public access and thus naturally
faces a difficult transition from collectivity to institution. The
224 House Journal, 13Mar74
pull of the house will always be more toward the people than
it is toward the law.
While the Senate is not exactly the house of unrepresenta-
tion, most senates were intentionally structured to be somewhat
more distant from the people. The United States Senate — and
those in many states — were not originally elected by popular
vote. Every indication is that the founding fathers viewed the
Senate as the deliberative chamber — its function one of de-
bating and contemplation so the collectivity might move toward
temperate resolution of public problems. Federalist essay No. 62
expressed fear of the effects of popular representation, and des-
ignated the Senate as a corrective:
"The necessity of a Senate is not less indicated by the
propensity of all single and numerous assemblies to yield to
the impulse of sudden and violent passions, and to be seduced
by factious leaders into intemperate and pernicious resolu-
tions."
How complicated all this is, and yet how important!
For in describing this magnificent system as it was designed
to be, we also define the magnitude of our loss when legislatures
do not fulfill their potential.
A weakness in any legislative body will upset the balance
among the branches of our governments.
But the weaknesses of state legislatures are even more signif-
icant for they also contribute to the inability of state govern-
ments to maintain the intended balance of the federal system.
While I am not one to hold that every expansion of the
federal government is wrong and somehoAv sinister, the present
imbalance in the system prevents us from realizing the benefits
it was intended to provide.
Terry Sanford has described this potential loss: "The fed-
eral system, preserved as a federal system, is the institution of
restraint. The competitive governments serve not only to re-
strain absolute power, they serve positive purposes as well. The
internal clashes and conflicts promote the creative tension that
adds to the competitive features in a constructive manner. With
weak state governments, the tension is less, and there is less
challenge and weaker competition. It is as if a runner sought
House Journal, 13Mar74 225
to set a world record without anyone pressing him to do his
best. Without the tension of competition, the whole race is
slower."
Fortunately, the past few years have seen an impressive re-
surgence of state legislatures and thus a strengthening of state
government as a whole. While our resources do not yet match
our responsibilities, state governments have begun to equip
themselves to meet the challenges of the times.
In reaching for tools to help us meet our responsibilities,
we have created a number of new organizations to serve our
mutual interests, such as the Advisory Commission on Inter-
Governmental Relations, the Council of State Governments,
the Citizens Conference on State Legislatures, and the Eagleton
Institute.
From these organizations and groups come a host of ac-
tivities to support and strengthen our efforts as legislators and
legislatures.
We in New Hampshire have not hesitated to take advan-
tage of these new resources.
Our small state is now facing a $600,000,000 proposal from
Aristotle Onassis to build a complex that includes an oil re-
finery and a massive off-shore loading and unloading complex.
All of this is proposed to be located on New Hampshire's
sixteen miles of coast line and in the same community that hosts
our state university.
This one plant would produce as much or more product
than the six refineries now located in New Jersey to say nothing
of the potential effects on the off-shore operations. The electric
power needed to operate the refinery alone would nearly meet
the needs of a city the size of Houston. All this in a small state
of 750,000 people!
Where does a small state legislature with almost no re-
search capability turn for advice and assistance in making de-
cisions of this size and potential importance? A few years ago,
it would have been very difficult to find the help we so desperate-
ly needed.
We turned to the Council of State Governments. Their
Interstate Clearinghouse quickly put together a team of con-
226 House Journal, 13Mar74
sultants from Texas, New Jersey and Maine. These are all states
which have developed expertise in this field and were willing
to detach a team to assist us. Through a series of hearings and
workshops, we amassed a tremendous amount of data and back-
ground material that is already invaluable to us as we debate
the issue during our current special session.
It should be made clear that this team did not come into
New Hampshire to tell us whether we should or should not
accept this refinery — but rather to help us objectively assess
the pros and cons. This they did.
A number of other states have used this service in a variety
of ways including governmental restructuring, state motor
pools, state revenue agency reorganization and data processing
evaluation.
Through the annual and periodic meetings and workshops
of legislative leaders, legislators and legislative staff, a very
significant effort is going on across the country to upgrade our
entire effort in State government. These efforts have been well
organized and have brought outstanding talent from the various
state legislative agencies and departments into workshop situa-
tions where a sharing of ideas, concepts and concerns does so
much to improve our individual legislative operations.
I recently had the honor of chairing a workshop with legis-
lative staff people that included your State and others talking
about partisan and nonpartisan staffing. This particular session
generated a fine dialogue amongst the participants.
I will not dwell further on this particular area but again
would indicate this is a most helpful development and indi-
cates to me that we as State legislators are determined to find
ways to upgrade ourselves in our internal operations.
I would like to comment on two particular organizational
efforts on-going at this time.
The Intergovernmental Relations Committee of the Na-
tional Legislative Conference is another example of State Legis-
lative effort to make its voice heard at the national level. Under
the umbrella of I. R. C. are several task forces that deal exten-
sively with the federal government. These task forces cover such
vital areas as energy, education, natural resources, transporta-
tion amongst several others.
House Journal, 13Mar74 227
Here we have a medium that brings the voice of State
senators and representatives in direct contact with Washington
in those specific areas that we are daily concerned with as we sit
in our respective chambers in our State Capitols.
We identify problems and take basic policy positions rela-
tives to federal legislation and policies-making our input as we
see it in the State — federal mix of government.
As the task forces meet there are agenda organized by the
N. C. L. staffers assigned to each task force that bring a wide
range of federal people to the meeting — ranging from elected
members of congress to congressional staff experts to experts
from a variety of private foundations and organization to staff
from the executive wing of our National government. Within
the last year the Intergovernment Relations Committee in-
cluded a meeting with the President of the United States and
some of his cabinet members at the White House.
Members from I. R. C. have testified at Congressional
hearings — bringing to the attention of Congress our policy
positions.
The other organization that serves a most useful function
is the Legislative Leaders Conference. Through this conference,
those of us who have the responsibility of leadership meet to
review and discuss the many aspects of our duties as leaders.
At a recent meeting held in Washington, we not only used
the workshop technique but also heard presentations from such
people as Senator Hugh Scott of Pennsylvania and Senator
"Scoop" Jackson of Washington. After presentation from Con-
gressional leaders of this statute, a rap session is held that covers
a wide range of topics that cannot but be of help to all who
participate.
Let me, at this point, quote a statement by Senator Edmund
Muskie of Maine made a few years ago that bears on what I
have just said —
"We are concerned here with the role to be played by
State Legislatures in a creative federal system. It is a critical role
— perhaps a major determinant of the future course of Ameri-
can federalism. . . .
"We must initiate the reforms that will convert our State
228 House Journal, 13Mar74
Legislatures into responsible and respected — as well as repre-
sentative — deliberative bodies. . . .
"Put more bluntly, they are reforms that only an aroused
citizenry and legislature can enact."
This quote was made in the context of Senator Muskie
serving as Chairman of the Subcommittee on Intergovernment-
al Relations, Senate Committee on Government Operations.
This is a reverse flow of what I was attempting to discuss
about our I.R.C. Committee.
Let me now move towards the conclusion of my remarks. I
have put before you some thoughts of a State Legislator for one
small State who is more determined to see our State Legislature
take its rightful place in the scheme of things than ever before.
Reflecting on this great American governmental structure
of ours, I am convinced of the role we should play. We do need
the outside help of people and organizations to help us keep
moving forward but I submit that the only structure that ul-
timately will keep our progress going is the legislative body it-
self!
We must have the faith in ourselves as an institution — a
faith in what we, in State Government, are destined to do in this
great experiment called American Government.
Let me quote a piece of our New Hampshire Constitution
that lays out our legislative responsibilities —
"To make, ordain and establish all manner of wholesome
and reasonable orders, laws, statutes, ordinances, directions and
instruction either with penalties or without — "
I believe I can fairly ask the question — can we not afford
to strengthen ourselves to meet this challenge?
We need to continue moving in the direction of annual
sessions, improved staffing at all levels, physical facilities to
work in, compensation, regional and national cooperation.
These and a host of other improvements are coming on line
across the nation. I would also state that from the legislative
leadership must come much of the impetus to accomplish the
above. In some states, consideration must be given to constitu-
tional changes to unshackle our legislatures to meet 20th cen-
tury responsibilities.
House Journal, 13Mar74 229
Think of the magnitude of the responsibilities and duties
we have! Creating and modifying tax systems, allocating huge
amounts of state and federal funds, contracting educational
systems, protecting the health and welfare of our citizens, con-
trolling the powers and capabilities of local governmental units,
election laws and the establishment and operation of our courts
and prisons.
Let me close with a quote that better expresses some of
what I have been trying to say — a quote from a person whom
I hold in high regard — Al Abrams, Secretary of the New York
Senate
"Most editors, pressure groups, or rank-and-file citizens
judge a legislature by simple criteria:
1. What has it done for me lately?
2. Has it voted my views?
The criteria is essentially narrow, often emotional, not
infrequently selfish. Reform groups use a different measuring
rod:
1. Is the legislature staffed enough, paid enough, housed
adequately?
2. Are its committees few in number, its structure stream-
lined, its work open to the public?
These criteria do not in themselves, while elemental, assure
a vibrant legislature. You can have the best-staffed, best-housed,
best-paid, annualized, computerized legislature and still have
a legislative product as effective as Gomer Pyle.
Legislative leaders need a different kind of evaluation sys-
tem, nurtured in the belief that no people are truly free with-
out a strong legislature, a powerful law-giving agency freely
elected from local districts, representing the full flavor and di-
versity of a people, its natural economic and political subdivi-
sions around which pride and interests cluster.
The criteria by which free people should judge their legis-
lature is that it be sensitive, communicative, deliberative, in-
vestive, respectfully, and judicial."
The Speaker announced that Rep. Margaret S. Cote is
celebrating a birthday today.
On motion of Rep. Bell the House adjourned at 1:25 p.m.
230 House Journal, 19Mar74
Tuesday, 19Mar74
The House met at 1 1 :00 o'clock.
Prayer was offered by House Chaplain Rev. Joseph Y.
Beaulieu.
O Lord, Our God, give us the grace to discern Your guiding
hand in all things, that being neither lifted up in vanity by
success, nor cast down in despair by failure, we may press for-
ward with hope and put our trust in You. Amen.
PLEDGE OF ALLEGIANCE
Rep. Zechel lead the pledge of allegiance.
LEAVES OF ABSENCE
Rep. Conley, the week, illness.
Rep. Randall today and tomorrow, illness.
Reps. Harvell, Joncas, Schwaner, David J. Bradley and
Vesta M. Roy, the day, important business.
Rep. Valliere, the week, illness in the family.
Rep. Hoar, today and tomorrow, important business.
SENATE MESSAGE
CONCURRENCE
HCR 5, establishing a schedule of legislative days for the
remainder of the special session.
HCR 3, relative to the protection of the New Hampshire
COMMITTEE REPORTS
fishing industry.
compensating Rene Boucher for mileage while serving on
the Committee of Voter Registration and Checklists. Ought to
pass. Rep. Arthur E. Thompson for Claims, Military and Vet-
erans Affairs.
Ordered to Third Reading.
House Journal, 19Mar74 231
SB 15
transferring permanent state prison employees from group
I of the New Hampshire Retirement System to group II or from
the State Employees' Retirement System to group II, and mak-
ing an appropriation therefore. Ought to pass. Rep. Cushman
for Executive Departments and Administration.
Those present voted unanimously in favor of ought to pass
as amended by the Senate. The committee feels that this is
a necessary measure to attain upgrading for state prison
employees.
Referred To Appropriations.
SB 26
providing for retirement benefits for supreme and superior
court justices. Ought to pass. Rep. Record for Judiciary.
Provides retirement benefits for Supreme and Superior
Court judges, no provision now except opportunity to serve
as judicial referees. Unanimous vote by committee.
Referred to Appropriations.
HCR 6
proclaiming March 26, 1974 as "Robert Frost Day." Ought
to pass. Rep. Milne for Resolutions and Screening.
Tribute to a great poet.
Whereas, Robert Frost was born on March 26, 1874 and
died a poet laureate at the age of 88 in 1963; and
Whereas, following his marriage, Robert Frost moved to
Derry, New Hampshire, to a farm on the Rockingham Road
where for ten years he raised a family, attempted to make a
living as a farmer, and ended up as an instructor at Pinkerton
Academy; and
Whereas, Robert Frost in 1912 left Derry and went abroad
to England where he published his first book of poetry, A Boy's
Will, which received the critical praise of Ezra Pound; and
Whereas, Robert Frost went on to become a poet-in-resi-
dence at Amherst College, to publish numerous books of poetry;
to be poetry consultant to the Library of Congress; to be named
Honorary Consultant to the Library of Congress in the Humani-
232 House Journal, 19Mar74
ties; to read his poems at lecture halls all over the world, culmi-
nating in his reading "The Gift Outright" at the inaugural
ceremony for President John F. Kennedy in 1961 as well as four
Pulitzer Prizes for poetry and a Congressional Gold Medal; and
WhereaSj although Robert Frost is claimed by many com-
munities and colleges, his roots are deepest in New England and
his years in Derry were not forgotten, as can be testified to by his
poem about West Running Brook between his Derry Homestead
and Pinkerton Academy; and
Whereas, the United States Postal Service has chosen Derry,
New Hampshire as the location at which to issue a Robert Frost
Commemorative ten-cent stamp on March 26, 1974, the fourth
of a series of commemorative stamps honoring American poets;
now, therefore, be it
Resolved by the House of Representatives, the Senate Con-
curring:
That March 26, 1974 is hereby proclaimed to be "Robert
Frost Day" in the state of New Hampshire to honor his memory
and his poetry that so well epitomized New England rural life.
Ordered to Third Reading.
RESOLUTION
Rep. Zachos moved that all bills ordered to third reading,
be read a third time by this resolution and that all titles of bills
and captions of resolutions be the same as adopted, and that they
be passed at the present time, unless otherwise ordered by the
House, and that when the House adjourns today it be to meet
tomorrow at 11:00 a.m.
Adopted.
House Journal, 20Mar74 233
Third reading and final passage.
SJR 1, compensating Rene Boucher for mileage while
serving on the Committee of Voter Registration and Checklists.
HCR 6, proclaiming March 26, 1974 as "Robert Frost Day."
On motion of Arthur E. Thompson the House adjourned
at 11:33 a.m.
Wednesday, 20Mar74
The House met at 1 1 o'clock.
Prayer was offered by House Chaplain Rev. Joseph Y.
Beaulieu.
O Lord, Our God, You know our every need. Grant us
wisdom to know what things to ask for, and grace to accept
and use the powers which You are ready to bestow.
We ask this through Christ Our Lord. Amen.
PLEDGE OF ALLEGIANCE
Rep. Coburn led the pledge of allegiance.
LEAVE OF ABSENCE
Rep. Bernard of Dover, the week, illness.
Former Majority Floor Leader of the House John Pillsbury
was introduced and spoke on the Life of Robert Frost, since this
is Robert Frost Week and he is one of the members of the N. H.
Frost Trustees.
SENATE MESSAGE
CONCURRENCE
HB 20, increasing the interest rate of housing authority
bonds.
HB 19, increasing the amount of political expenditures
234 House Journal, 20Mar74
authorized for candidates in primary and general elections seek-
ing the office of governor, U. S. senator, representative in con-
gress, governor's councilor, county officer, state senator or rep-
resentative to the general court.
HCR 6, proclaiming March 26, 1974 as "Robert Frost
Day."
ENROLLED BILLS REPORT
HB 19, increasing the amount of political expenditures
authorized for candidates in primary and general elections
seeking the office of governor, U. S. senator, representative in
congress, governor's councilor, county officer, state senator or
representative to the general court.
HB 20, increasing the interest rate of housing authority
bonds.
HB 23, continuing present city of Somersworth's elected
officials in office until the next regular election, and legalizing
the election of delegates to the constitutional convention from
the old wards of said city.
SJR 1, compensating Rene Boucher for mileage while
serving on the Committee of Voter Registration and Check-
lists.
Mabel L. Richardson
For The Committee.
Reps. George B. Roberts, Jr. and Coutermarsh offered the
following resolutions:
RESOLUTIONS
Whereas, we have learned with regret of the deaths of the
following members of the House of Representatives:
Rep. Edmond Allard of Manchester
Rep. Charlotte P. Cogswell of Dover
House Journal, 20Mar74 235
Rep. Frank T. Conway of Manchester
Rep. Romeo A. Desilets of Berlin
Rep. Ernest W. Fletcher of Goffstown
Rep. Charles H. Gay of Derry
Rep. Jacob M. Hackler of Swanzey
Rep. Henry M. Lovejoy of Northwood
Rep. Elmer H. Southard of Littleton
Rep. Donald Sylvain of Rochester
Rep. Hector Trombly of Nashua
Rep. Marcel A. Vachon of Manchester
Rep. Ralph W. Canney of Farmington and Former Rep-
resentatives
Roy M. London of New London
Jesse R. Rowell of Newport and
Wayne Shirley of Durham
Whereas, these Representatives have served their com-
munities faithfully and with efficiency and our loss will be
keenly felt, therefore be it
Resolved, that we, the members of the House of Repre-
sentatives in General Court convened, do hereby extend our
sympathy to their families, and be it further
Resolved, that a copy of these resolutions be transmitted
to their families.
Adopted by a rising vote and a minute of silent prayer.
SENATE MESSAGES
CONCURRENCE HCR WITH
SENATE AMENDMENT
HCR 2, establishing a joint committee to study the rail-
road conditions and related matters in the state of New Hamp-
shire.
236 House Journal, 20Mar74
(Amendment printed SJ March 19)
Rep. Chase moved that the House concur.
Rep. Newell spoke in favor of the motion.
Adopted.
CONCURRENCE HB WITH
SENATE AMENDMENT
HB 16, permitting public accountants to form a profes-
sional association.
(Amendment printed SJ March 19)
Rep. Chase moved that the House concur with the Senate
amendment.
Rep. Chase explained the Senate amendment.
Adopted.
CONCURRENCE HB WITH
SENATE AMENDMENT
HB 15, relative to redistricting the ward Hnes of the city
of Laconia.
(Amendment printed SJ March 19)
Rep. Maguire moved that the House concur with the Sen-
ate amendment.
Adopted.
COMMITTEE REPORTS
SB 10
estabHshing a sire stakes program and a standardbred
breeders and owners development agency. Ought to pass. Rep.
Greene for Environment and Agriculture.
The bill establishes a New Hampshire sire stakes program
funded by part of the breakage from harness races. Unani-
mously supported by the committee.
Rep. Plourde offered an amendment.
AMENDMENT
Amend RSA 426-A:l as inserted by section 1 of the bill
House Journal, 20Mar74 237
by striking out said section and inserting in place thereof the
following:
426-A: 1 Standardbred Breeders and Owners Development
Agency Established. There is hereby established within the
department of agriculture the standardbred breeders and own-
ers development agency of New Hampshire, hereafter referred
to as the agency. The powers of the agency shall be vested in
a board of five trustees to be selected as follows: four members
shall be appointed by the governor and council, one of whom
shall be a member of the Standardbred Breeders and Owners
Association of New Hampshire, and one of whom shall repre-
sent New Hampshire racing interests and two of whom shall
represent the general public; and the commissioner of agricul-
ture. When the board is first established, one member of the
Standardbred Breeders and Owners Association of New Hamp-
shire and one member of the general public shall serve two-
year terms; the other appointed members shall serve one-year
terms. Thereafter, appointments shall be for two-year terms.
Members of the board shall not be entitled to any compensa-
tion, but are entitled to reimbursement for mileage and ex-
penses incurred in carrying out their duties. Each member
shall serve until his successor is appointed and qualified. Va-
cancies shall be filled for the unexpired term.
Amend RSA 426-A:4 as inserted by section 1 of the bill
by striking out said section and inserting in place thereof the
following:
426-A: 4 Sire Stakes Races. Sire stakes races shall be run
at all licensed harness tracks in this state, subject to rules and
regulations governing such races promulgated by the board of
trustees after consultation with the New Hampshire racing
commission.
The clerk read the amendment in full.
Rep. Plourde explained his amendment.
(discussion)
Rep. Greene spoke in favor of the Plourde amendment.
Plourde amendment adopted.
Rep. Daniell moved that the words, inexpedient to legis-
238 House Journal, 20Mar74
late, be substituted for the committee report, ought to pass,
and spoke in favor of the motion.
Reps. Read and Plourde spoke against the motion.
Rep. Oleson spoke in favor of the motion.
(discussion)
Reps. Tirrell and Burns non-spoke against the motion.
Rep. Copenhaver non-spoke in favor of the motion.
Rep. Elmer A. Johnson spoke against the motion.
Rep. Tucker moved the previous question.
Sufficiently seconded.
Motion lost.
Referred to Appropriations.
SB 18
providing additional cost of living increases for retired
members of the N. H. Teachers' Retirement System, the N. H.
Policemen's Retirement System, the N. H. Firemen's Retire-
ment System, the N. H. Retirement System and the State Em-
ployees Retirement System, and making an appropriation there-
for; providing for compensatory contributions for interrupted
service; and providing for an actuarial study of prefunding to
be paid out of escrowed funds derived from an interest assump-
tion change. Ought to pass. McLane for Executive Departments
and Administration.
This is essential legislation to provide N. H.'s retired teach-
ers, policemen, firemen, state employees and members of
the N. H. Retirement System a necessary cost of living in-
crease. The bill also calls for a thorough study of the fund-
ing of the system and makes provisions for former members
to rejoin the system.
Referred to Appropriations.
SB 6
relative to landlord-tenant relations. Majority: Ought to
pass with amendment; Rep. McManus for Judiciary. Minority:
Inexpedient to legislate. (Rep. Brungot)
This bill provides a reasonable administrative and court
House Journal, 20Mar74 239
review procedure for landlord and tenant rights presently
protected by New Hampshire Supreme Court decisions.
Proposed amendment increases from 48 hours to three
working days the time allowed for inspection of premises.
Rep. Nelson moved that the report of the minority, inex-
pedient to legislate, be substituted for the report of the ma-
jority, ought to pass with amendment, and spoke in favor of
the motion.
(discussion)
Reps. Sayer, Gordon, Brungot, Senter and Rich spoke
in favor of the motion.
Reps. Stevenson, Gorman, Maguire, Geiger, Dwyer and
Curran non-spoke in favor of the motion.
Reps. McManus, Symons and Madeline C. Townsend
spoke against the motion.
Reps. Fred E. Murray, Zachos, Close, Pierce, Nighswan-
der, Gallen, Albert C. Jones, Daniell, Spirou, Hager and Mc-
Lane non-spoke against the motion.
Reps. Cobleigh, Dupont and Boisvert moved the previous
question-
Sufficiently seconded.
Adopted.
A division was requested.
143 members having voted in the affirmative and 118 in
the negative, the motion carried.
RECONSIDERATION
Rep. Nelson moved reconsideration on SB 6, relative to
landlord-tenant ^-elations.
Reconsia nation lost.
Rep. Drake addressed the House on the fiscal condition
of the state.
240
House Journal, 20Mar74
(U •
c e ^
O O 3
U U -1
House Journal, 20Mar74 241
Ai'PROPRIATlONS C0>5!irri:E
Projection cf Kiri'.'.'ay Reserve and Ur;ij^propriated Surpius
for tiic };icnniur. Kr.ding June 30, 1975
Fisral Year 197^ Fiscal Yenr 1975
Estimated Unappropriated Surplus $ 3,885,965 $ 3,657 175
(Beginnir.i; of year)
Highvay Inventory Fund (Ch. 375:60, L '73) 396,736
Estin-.a'-ed Unrestricted Fscvcnue:
Gasoline JJocd Toll (Revised) $33,714,836 $35,593,800
Motor Vehicle Fees 19,542,000 20,000,000
Miscellaneous 525,000 525.000
Total Unrestricted Revenue 53,761.836 56,118,800
Estinated Funds available $58,064,537 $59,775,975
Appropriated Funds (Lavs of 1973):
Operating budget (Ch. 376:2
thru 56) $61,370,221 $62,082,664
Additional payroll section 7't,
VII of operating hudcet 458,506
Legislative specials 1,171.271 1.9^^8.^69
Total opnrcpr:.c>ted fund-; ?63,000,398 $6<»,03i,533
Less, LstJr.ated Lapses 700.000 62,300,398 7QO,000 63. 331. 533
Esticated operating Deficit ($ 4,235,861) ($ 3,555,553)
Bonds authorized (Ch. 376:65, L '73) 3 . OOP . 000 3,000,000
Estimated Deficit ($ 1,235,861) ($ 555,558',
Additions:
Net lapse to fund hy K3 1
as introduced 1,837,845 630,056
Additional lapse as ;ir:rr.dcd 1,655,191 1,868,902
Nat lapse resulting, ircr: revised
Federal ratios vho;; .-.rpJicd to
csistin,' balances fori-ard (Pept.
<'sCi--'''-c) 1,<!}00.000
Estirati'd surplus fcuv.yd to fi;;ci.i ]?73 $ 3.657.175
Fstir.ilcd sv.rplus Ji.^'.o :)0, 1975 $ 1,943,400
242 House Journal, 20Mar74
APPROPRIATIONS COMMITTEE
Projection of Highway Reserve and Unappropriated Surplus
for the Biennium Ending June 30, 1975
Fiscal Year 1974 Fiscal Year 1975
Estimated Unappropriated Surplus $ 3,885,965 $ 3,657,175
(Beginning of year)
Highway Inventory Fund (Ch. 376:60, L '73) 396,736
Estimated Unrestricted Revenue:
Gasoline Road Toll (Revised) $33,714,836 $35,593,800
Motor Vehicle Fees 19,542,000 20,000,000
Miscellaneous 525,000 525.000
Total Unrestricted Revenue 53.781,836 56,118,800
Estimated Funds available $58,064,537 $59,775,975
Appropriated Funds (Laws of 1973):
Operating budget (Ch. 376:2
thru 56) $61,370,221 $62,082,664
Additional payroll section 74,
VII of operating budget 458,906
Legislative specials 1.171,271 1,948,869
Total aopropriatpd funds $63,000,398 $64,031,533
Less,' Estimated Lapses 700,000 62.300,398 700,000 63,331,533
Estimated operating Deficit ($ 4,235,861) ($ 3,555,558)
Bonds authorized (Ch. 376:65, L '73) 3,000.000 3.000,000
Estimated Deficit ($ 1,235,861) ($ 555,558)
Additions:
Net lapse to fund by HB 1 /■ "N 1^
as Introduced
f* 1,837,845"^ , */ 630,0561 At?^
{ l,655,19l/3,V«,»Jt \l,868,9n2/>;V^
Additional lapse as amended
Net lapse resulting from revised
Federal ratios vhcn applied to
existing balances forward (Dept.
estimate) 1,400,000
Estimated surplus forward to fiscal 1975 $ 3,657,175
Estlrated surplus June 30, 1975 $1,943.400
jl^Bl as amended:
Article I & II Inflation Appro ($ 975,224) ($ 1,490,803)
Article IV - Increase Safety Ret. ( 137,346) —
Article IV - Reductions:
Betterments 1,400,000 1,400,000
Hwy Garage Equip. 300,000 200,000
Fed Aid Cons. 2,264,206 1,701,136
Community Assistance 641.400 688.625
$3.493.036 $ 2.498.958
House Journal, 20Mar74
243
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APPROPRIATIOHS COMMITTEE
PEOJECTIOK OF DEPARTMEBT OF FISH AND GAME UNAPPROPRIATED SURPLUS
FOR THE BIENNIUM ENDING JUNE 30, 1975
Estimated Unappropriated Surplus Balance
forward
Estimated Unrestricted Revenue
Fish & Game 'Revised)
Marine
Recovery from Force Account
Road Toll - Boat Fund
Off-Highway Recreation Vehicles (Revised)
Total Estimated Unrestricted Revenue
Estimated Funds Available
Appropriated Funds :
Operating Budget (HB 1 As Amended)
Legislative Specials - Laws 1973
Workmens' Compensation Payments
Chap U80 Laws of '73 processd in
fiscal 197'* (gas tanks)
Total appropriated funds
Available F\inds for Legislative specials
Pending Legislation and Reserve for
Workmen's Compensation
House Bill 1
Section 31 - Retirement $ 109,798
Provision for Workmens' Compensation
Payments (3,300 X 5 for 197lt)
(X 12/75) 16.500 126.298 39.600 39.600
Estimated Balance Forward to Fiscal 1975 $ 15**. 972
Estimated Unappropriated Surplus
Balance June 30, 1975 $ I6U.200
FISCAL 1971*
FISCAL 1975
$
250,
,093
$ 15lt,9T2
$2,031,385
70,500
80,000
33,21(6
150.000
_2
,36?,
.IIL
$2,062,232
70,500
50,000
33,000
190,000
2.1*05.732
$2,615,221*
$2,560,70!*
$2,203,1*12
$2, 171*, 360
106,733
182, suu
22,732
-
1,077
_2
,333,95't
_
2.356.90U
$
281,
,270
$ 203,800
246
House Journal, 20Mar74
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House Journal, 20Mar74 247
The Speaker ordered the remarks made by Rep. Drake
printed in the Journal.
(discussion)
COMMITTEE REPORTS CONTINUED
SB 19
specifying procedures for termination of residential gas or
electric services. Ought to pass with amendment. Rep. Record
for Judiciary.
Provides for procedure to be followed prior to termina-
tion of gas or electric service. Present practice. Amendment
gives customer right to have conference by mail or tele-
phone.
AMENDMENT
Amend RSA 363-B:2, I, as inserted by section 1 of the bill
by inserting at the end of said paragraph the following (The
conference with the commission may be conducted by writing
or telephone if the customer so elects.) , so that said paragraph
as amended shall read as follows:
I. Any person who receives a notice of intent to terminate
service pursuant to RSA 363-B:l and believes such proposed
termination to be unjustified may request, prior to the date
specified in the termination notice, a conference with the utility
company involved to review the basis for the proposed termina-
tion. If the customer is dissatisfied with the outcome of the con-
ference he may, within three days after the conference, request
a conference with a staff member of the commission to review
the basis for the proposed termination. The conference with
the commission may be conducted by writing or telephone if
the customer so elects.
Amendment adopted.
Ordered to third reading.
SB 7
relative to capital improvements to the Mount Washing-
ton summit and making an appropriation therefor. Ought to
pass. Rep. Dame for Public Works.
248 House Journal, 20Mar74
The state purchased land and buildings on the summit of
Mt. Washington in 1964 for use as a state park facility.
For several years prior to this time and since, governors
have appointed study committees to study development of
the summit. In 1969 a Mt. Washington commission was es-
tablished by the Legislature to continue with the studies
and to present a development plan for legislative consider-
ation.
SB 7 presents the commission recommendation. The bill
proposes an appropriation for capital improvements on the
summit. It also establishes a Mt. Washington fund which
will be composed of fees received from the use or lease of
the new state owned facilities. It will include the sizable
donations which the commission plans to obtain through
solicitation of private interests. The purpose of the fund
will be to pay the principal and interest on the bonds is-
sued for the project.
Referred to Appropriations.
House resolution requesting an advisory opinion from the
Attorney General relative to manpower training and other fed-
eral programs. Refer to Committee on Municipal and County
Government. Rep. Milne for Resolutions and Screening.
Referred to Municipal and County Government.
In honor of those members who have served twenty or more
years in the New Hampshire General Court Resolutions were
presented to the following Representatives.
Rep. Fayne E. Anderson
Rep. Agenor Belcourt
Rep. Kenneth G. Bell
Rep. L. Waldo Bigelow
Rep. Hilda C. F. Brungot
Rep. Walter O. Bushey
Rep. Edward D. Clancy
Rep. C. Cecil Dame
House Journal, 20Mar74 249
Rep. Edwin W, Eastman
Rep. Guy J. Fortier
Rep. Martha McD. Frizzell
Rep. Rebecca A. Gagnon
Rep. Daniel J. Healy
Rep. Lucien J. Lambert
Rep. F. Albert Sewall
Rep. Earle L. Soule
Rep. Doris Spollett
Rep. Malcolm J. Stevenson
Rep. Goodrich is celebrating a birthday today.
RESOLUTION
Rep. George B. Roberts, Jr. moved that SB 19, be read
a third time by this resolution and that the title be the same
as adopted, and that it be passed at the present time, unless
otherwise ordered by the House, and that when the House ad-
journs today it be in honor of those who have served twenty
or more years as Legislators, to meet Tuesday next at 1 1 :00 a.m.
Adopted.
Third reading and final passage
SB 19, specifying procedures for termination of residen-
tial gas or electric services.
MILEAGE REPORT
NEW MEMBERS
Miles
CHESHIRE COUNTY
Dist. 5 (Swanzey)
Augustine J. Marshala, Swanzey 60
Dist. 15 (Keene, Ward 4)
Muriel K. Cooke, Keene 56
250 House Journal, 20Mar74
GRAFTON COUNTY
Dist. 14 (Lebanon, Wards 1, 2, & 3)
Joanne L. Symons, Lebanon 61
HILLSBOROUGH COUNTY
Dist. 8 (Goffstown)
Armand A. Archambault, Goffstown 24
Jo Ellen Orcutt, Goffstown 17
Antonio J. Roy, Jr., Goffstown 16
Dist. 18 (Nashua, Ward 3)
Robert D. Tropea, Nashua 35
Dist. 26 (Manchester, Ward 12)
James A. Normand, Manchester 21
Dist. 30 (Manchester, Ward 6)
Dorothy J. Drewniak, Manchester 25
ROCKINGHAM COUNTY
Dist. 4 (Derry)
Paul A. Gibbons, Derry 27.5
Dist. 15 (North Hampton, Stratham)
Franklin Wolfsen, North Hampton 50
STRAFFORD COUNTY
Dist. 1 1 (Rochester, Ward 4)
Arthur Gagnon, Rochester 42
Dist. 17 (Dover, Ward 5)
Leo E. Lessard, Dover 38
The Mileage Committee wishes to thank those members
who served during the Special Session as Monitors and Alter-
nates.
BILLS PRESENTED TO THE GOVERNOR
ON MARCH 20 FOR ACTION
HB 19, increasing the amount of political expenditures
authorized for candidates in primary and general elections
seeking the office of governor, U. S. senator, representative in
House Journal, 26Mar74 251
congress, governor's councilor, county officer, state senator or
representative to the general court.
HB 20, increasing the interest rate of housing authority
bonds.
HB 23, continuing present city of Somersworth's elected
officials in office until the next regular election, and legalizing
the election of delegates to the constitutional convention from
the old wards of said city.
SJR 1, compensating Rene Boucher for mileage while
serving on the Committee of Voter Registration and Checklists.
On motion of Rep. Joseph L. Eaton the House adjourned
at 2:23 p.m.
Tuesday^ 26Mar74
The House met at 11:00 o'clock.
Prayer was offered by House Chaplain Rev. Joseph Y.
Beaulieu.
O Lord, our God, as we celebrate the 100th Anniversary of
the birth of Robert Frost, give us the vision and the sensibility
of the poet, that we may always work for the good, the true, and
the beautiful. We ask this through Christ, Our Lord. Amen.
PLEDGE OF ALLEGIANCE
Rep. Cooke led the pledge of allegiance.
LEAVES OF ABSENCE
Rep. Randall of Seabrook, the day, illness.
Rep. Pierce of Laconia, today and tomorrow, important
business.
Rep. Casassa of Hampton, indefinite, important business.
Rep. Erickson of Nashua, the week, important business.
Rep. Record of Nashua, the day, important business.
252 House Journal, 26Mar74
SENATE MESSAGES
CONCURRENCE
HB 25, changing the reporting date for the study commis-
sion on the problems of unemployed citizens in New Hamp-
shire.
HB 12, conforming tax commission references in the cur-
rent use taxation law to the revised revenue administration laws.
CONCURRENCE SB WITH HOUSE AMENDMENT
SB 19, specifying procedures for termination of residential
gas or electric services.
CONCURRENCE HB WITH
SENATE AMENDMENT
HB 7, permitting municipalities to establish, acquire,
maintain and operate public transportation facilities in coop-
eration with governmental units of adjoining states and per-
mitting broader cooperation in furnishing of municipal ser-
vices. (Amendment printed in SJ March 20)
Rep. Hanson moved that the House non-concuf in the
Senate amendment and that a Committee of Conference be
established.
(discussion)
Adopted.
The Speaker appointed Reps. Benton, Cate, Burke, Han-
son and Timothy J. O'Connor.
INTRODUCTION OF SENATE RESOLUTIONS
SJR 3, establishing a committee to study highway safety
and motor vehicles weight, length and width requirements.
Referred to Committee on Rules.
SCR 3, relative to school safety patrol.
CONCURRENCE
Reps. French and Milne moved that the House concur.
Adopted.
House Journal, 26Mar74
ENROLLED BILLS REPORT
HB 12, conforming tax commission references in the cur-
rent use taxation law to the revised revenue administration
laws.
HB 15, relative to redistricting the ward lines of the city
of Laconia.
HB 16, permitting public accountants and nurses to form
registered professional associations.
HB 25, changing the reporting date for the study commis-
sion on the problems of unemployed citizens in New Hamp-
shire.
SB 19, specifying procedures for termination of residen-
tial gas or electric services.
SUPREME COURT DECISION
To the House of Representatives:
The undersigned justices of the supreme court submit the
following reply to the inquiries contained in your resolution
adopted March 7, 1974, as amended by your supplementary
resolution adopted March 13, 1974.
House bill 34 is entitled "An Act relative to energy facility
evaluation, siting, construction and operations and providing
for a tax on refined petroleum products." The first part provides
for the enactment of RSA ch. 162-H establishing a procedure
for the review, approval, monitoring and enforcement of com-
pliance in the planning, siting, construction and operation of
energy facilities in this State including oil refineries. The sec-
ond part (section 4 of the bill) would enact RSA ch. 78-C en-
titled "Refined Petroleum Products Tax" to the provisions of
which your questions appear to be directed.
Question No. 1 reads as follows: "Is the classification of
refined petroleum products a legitimate classification of prop-
erty under Article 6 of Part Second of the Constitution of New
Hampshire?"
It is well established that our legislature has liberal powers
with respect to the classification of taxable property. Opinion
of the Justices, 111 N.H. 131, 134, 276, A.2d 817, 819 (1971).
254 House Journal, 26Mar74
A reasonable classification which is sufficiently inclusive to con-
stitute a distinctive class will be upheld. Opinion of the Justices,
97 N.H. 543, 544, 81 A.2d 851, 852 (1951) . The property to be
taxed under the proposed bill is refined petroleum products
which include "motor oil, kerosene, residual oil, fuel oil, gaso-
line, petroleum asphalts, road oils and other distillates and
petrochemicals produced from crude petroleum by any person
in this state."
The uses and storage of such products are regulated by
law because they are highly inflammable and constitute a hazard
to the public safety unless handled with care. RSA 153:14
(Supp. 1973); RSA 339:22-26 (Supp. 1973). Products of this
class are generally recognized as subjects of taxation. Opinion
of the Justices, 88 N.H. 500, 505, 190 A. 801, 805 (1937) ; also
Tirrell v. Johnson, 86 N.H. 530, 536, 171 A. 641, 644 (1934) .
The method of their manufacture is distinctive and tlie end
products are markedly different from all other kinds of fuel and
energy. The incidence of the tax would depend upon a char-
acteristic event not common to other property. Havens v. At-
torney General, 91 N.H. 115, 119, 14 A.2d 636, 638 (1940).
We are of the opinion that refined petroleum products
constitute a legitimate classification of property under N. H.
CONST, pt. II, art. 6. Havens v. Attorney General supra; Opin-
ion of the Justices, 94 N.H. 506, 52 A.2d 94 (1947) ; Opinion
of the Justices, 111 N.H. 131, 134, 276 A.2d 817, 819 (1971).
The answer to question No. 1 is "Yes."
Question No. 2 is the following: "Is the exemption for
refined petroleum products produced for distribution in New
Hampshire a permissible exemption?" It has been stated that
under our constitution "[t]he power of the legislature to
classify property into taxable and non-taxable groups includes
power to grant reasonable exemption from taxation. ... 'If the
distinction made is a reasonable one, in the sense that it may
be deemed to be just, it is sufficient' [citation omitted]. The
resulting inequality or discrimination against unexempted
property is not fatal to the constitutionality of the exemption.' "
Opinion of the Justices, 87 N.H. 490, 491, 178 A. 125, 126
(1935) ; Opinion of the Justices, 97 N.H. 533, 536, 81 A.2d 845,
848 (1951). The exemption of refined petroleum products
produced for distribution and consumption within this State
is intended to insure an adequate supply of these products thus
House Journal, 26Mar74 255
promoting the State's general welfare. This constitutes a just
reason for the exemption. Opinion of the Justices, 88 N.H. 500,
511, 190 A. 801, 808 (1937) ; Opinion of the Justices, 112 N.H.
32, 34, 287 A.2d 756, 757 (1972) .
We must take judicial notice that there is no oil refinery
presently operating in this State. Hence the volume of petro-
leum products to be produced by a future refinery, and the
proportion to be sold here or in interstate commerce, must
necessarily be conjectural. It is well-established federal laAv
that State taxation, whatever its form, which discriminates
against interstate commerce is invalid. The crude oil received
from outside New Hampshire will have ceased to be in inter-
state commerce at the time of its refining in this State, which
is the taxable event, and will not then have reentered the stream
of interstate commerce. Coe v. Errol, 116 U.S. 517, 29 L. Ed.
715, 6 S. Ct. 475 (1886) ; United Air Lines, Inc. v. Mahin, 410
U.S. 623, 630, 35 L. Ed. 2d 545, 93 S. Ct. 1186, 1191 (1973).
Thus no burden upon interstate commerce will result from the
tax. See Coe v. Errol, 62 N.H. 303 (1882) . The substantial ser-
vices which this State will provide the refinery such as police and
fire protection and public access roads, may rationally be con-
sidered to justify limiting the tax to products destined to be
sold outside of New Hampshire. United Air Lines, Inc. v.
Mahin supra; see Northeast Airlines, Inc. v. Aeronautics
Comm'n, 111 N.H. 5, 273 A.2d 676 (1971) . However, the deter-
mination of whether the exemption in question would render
the tax on such products discriminatory against interstate com-
merce is within the jurisdiction of the federal courts in the last
instance.
It follows that our answer to question No. 2 is "Yes" the
proposed exemption is permissible under our constitution.
However we cannot state unequivocally that it is also permiss-
ible under the federal constitution.
Your question No. 3 asks: 'Is the imposition of a barrel
tax on refined petroleum products a valid exercise of the state's
taxing power?" The bill proposes a tax at a flat rate of five cents
per barrel of petroleum products produced. The absence of a
refinery in this State again renders necessary the making of
certain assumptions on which to base an answer. If two refineries
should locate in this State and produce various petroleum prod-
ucts each having a different value, the flat rate of five cents per
256 House Journal, 26Mar74
barrel would result in a tax at different rates on the products of
the two producers and thus violate the uniformity and propor-
tionality requirements of N.H. CONST, pt. II, art. 5, and
would be unconstitutional. In the absence of any factual basis
by which to determine the effect of the application of a barrel
tax, we must answer question No. 3 "No."
Question No. 3-a reads as follows: "Would it be a valid
exercise of the state's taxing powers to amend the taxing pro-
visions of the proposed statute so as to provide that the tax in
question be levied as an ad valorem tax, namely, a reasonable
and uniform percentage of the fair value per barrel of such
refined petroleum products?" As we said in answer to question
No. 1, the petroleum products to be taxed under this bill con-
stitute a distinctive class of property which has been generally
recognized as a proper subject of taxation. Havens v. Attorney
General, 91 N.H. 115, 14 A.2d 636 (1940). The incidence of
the tax depends upon a characteristic or distinctive event, the
refining of crude oil to petroleum products. The tax proposed
by this question would be at a reasonable and uniform per-
centage of the fair value of each barrel of the refined products.
We are of the opinion that such a tax Avould meet the require-
ments of the New Hampshire constitution. Opinion of the
Justices, 94 N.H. 506, 52 A.2d 294 (1947) ; see Opinion of the
Justices, 111 N.H. 131, 134, 276 A.2d 817, 820 (1971).
The local activity of refining would not be an integral part
of interstate commerce and no other State could impose a simi-
lar tax for the incidence of refining which took place here. Cf.
Michigan-Wisconsin Pipe Line Co. v. Calvert, 347 U.S. 157, 166,
98 L. fed. 584, 591, 74 S. Ct. 396, 401 (1954) . The fact that after
refining, some part of the resulting products might be sold
within the State and part outside in interstate commerce would
not affect the power of New Hampshire to tax it. Nashville C. &
St. L. R. Co. V. Wallace, 282 U.S. 249, 75 L. Ed. 322, 51 S. Ct.
153 (1932).
We are of the opinion that the tax proposed in question
No. 3-a would not violate our State constitution or the Federal
Constitution and would be valid. Our answer to question No.
3-a is "Yes."
Your question No. 4 reads: "In all respects, other than those
to which the preceding three questions relate, is the proposed
statute constitutional upon its face?" The limitation of time, if
House Journal, 26Mar74 257
our answer is to be of assistance to you, precludes review of
sections other than section 4 of House bill 34, and we respect-
fully ask to be excused from further answer.
Frank R. Kenison
Laurence I. Duncan
Edward J. Lampron
Robert F. Griffith
March 20, 1974
To the House of Representatives
I share the views of the other justices except as to question
No. 2. Although the proposed statute is phrased in terms of an
exemption of products "produced for distribution and con-
sumption within the state," its effect is to impose a tax only on
those products which enter interstate commerce.
There is no question but that interstate commerce can
be made to pay a nondiscriminatory share of the tax burden.
The cases cited by the other justices {Coe v. Errol, 116 U.S. 517
(1886)) and United Airlines, Inc. v. Mahin, 410 U.S. 623
(1973) were both cases where the tax fell equally on both intra-
state and interstate commerce. In McGoldrick v. Benvind-White
Coal Mining Co., 309 U.S. 33, 84 L. Ed. 565, 60 S. Ct. 388
(1940) , a tax on the sale of coal was upheld because it was
applied equally to all coal sold whether it went into intrastate
or interstate commerce.
Federal cases emphasize that any tax on interstate com-
merce must be nondiscriminatory and that a state may not pro-
mote its own economic advantages by placing a burden on
interstate commerce. See for example Henneford v. Silas Mason
Co., 300 U.S. 577, 81 L. Ed. 814, 57 S. Ct. 524 (1937) ; Alaska
V. Arctic Maid, 366 U.S. 199, 6 L. Ed. 2d 227, 81 S. Ct. 929
(1961) ; North Western Cement Co. v. Minnesota, 358 U.S. 450,
3 L. Ed. 2d 421, 79 S. Ct. 357 (1958) ; H. P. Hood & Sons v.
DuMond, 336 U.S. 525, 93 L. Ed. 865, 69 S. Ct. 657 (1949) ;
Commonwealth of Pennsylvania v. State of West Virginia, 262
U.S. 553, 67 L. Ed. 1117, 43 S. Ct. 658 (1923).
Because of the substantial loss which the State would suffer
in tax revenues in the event of the invalidation by the federal
courts of the statute if enacted with the exemption, I simply
wish to alert the House of Representatives to that provision of
258 House Journal, 26Mar74
the proposed act which I think makes its validity under the
Federal Constitution suspect. Whether the risk should be taken
is of course not for us to determine.
William A, Grimes
March 20 1974.
The Speaker announced that Mr. Richard Ahern brought
his grandfather's gavel in for ceremonial use.
William J. Ahern, Democrat, Representative for 16 terms
1896-1928. Speaker in 1928 session. This is the gavel presented
to him.
Richard Ahern and sister are in gallery.
COMMITTEE REPORTS
SB 22
establishing a study committee to develop a plan to provide
public assistance to private institutions of higher learning in
this state. Ought to pass with amendment. Rep. Hager for Edu-
cation.
There have been several tuition bills entered into the
legislature recently. This bill will establish a committee to
study the various ideas about funding for private higher
education.
AMENDMENT
Amend the bill by striking out section 1 and inserting in
place thereof the following:
1 Committee to Study Assistance for Private Higher Educa-
tion. There is hereby established an interim study committee to
study and develop a plan for providing public assistance to pri-
vate institutions of higher learning in this state. The committee
shall consist of two senators appointed by the president of the
senate, three members of the house of representatives appointed
by the speaker of the house, and three persons jointly appointed
by the president of the senate and the speaker of the house after
consultation with the New Hampshire university and college
council, one to represent the university of New Hampshire
system, one to represent private institutions of higher learning
in the state, and one to represent the postsecondary education
commission. The committee shall elect a chairman from among
House Journal, 26Mar74 250
its members. Committee members shall not receive compensa-
tion. The committee shall study various forms of public assist-
ance which may be provided for private institutions of higher
learning and shall develop a recommended plan for such assist-
ance. The committee shall submit its findings and recommenda-
tions, together with a draft of any proposed legislation, to the
1975 regular session of the General Court no later than the
last Wednesday of December, 1974.
Amendment adopted.
Rep. Stevenson offered an amendment.
AMENDMENT
Amend the title of the bill by striking out same and in-
serting in place thereof the following:
AN ACT
establishing a study committee to develop a plan to provide
public assistance to private institutions of higher learning
in this state and relating to the Lafayette
Regional School District and Bethlehem School District.
Amend the bill by striking out all after section 1 and in-
serting in place thereof the following:
2 New Cooperative. The Lafayette Regional School Dis-
trict and the Bethlehem School District are hereby authorized
and empowered to form a new junior high school and high
school cooperative school district pursuant to the provisions of
RSA 195:18. The articles of agreement executed for the pur-
pose of forming such new cooperative school district shall be
submitted to the voters of the Lafayette Regional School Dis-
trict and the Bethlehem School District for approval or rejec-
tion as provided by RSA 195:18. If such articles are adopted
resulting in the formation of a new cooperative school district,
the existing Lafayette Regional School District and Bethlehem
School District shall continue to function as separate entities
chari^ed with the elementary grade level education of students
within the respective districts. LIpon adoption of such articles
resulting in the formation of a new junior high school and
high school cooperative school district, all inconsistent pro-
visions contained in the existing articles of agreement of the
Lafayette Regional School District and in the by-laws of the
260 House Journal, 26Mar74
Bethlehem School District shall be repealed by operation of
this act to the extent that they are inconsistent with the arti-
cles of agreement of the new junior high school and high
school district.
3 Building Aid. If the Lafayette Regional School District
and the Bethlehem School District become part of a new junior
high school and high school cooperative school district as pro-
vided in section 2, the articles of agreement may provide that
all state aid thereafter payable on account thereof to the new
cooperative school district shall be calculated as if Easton,
Franconia, Sugar Hill, and Bethlehem were four separate pre-
existing school districts.
4 Referendum. This act shall not take effect unless it is
adopted by a majority vote at a regular or special meeting of
the Lafayette Regional School District and the Bethlehem
School District as hereinafter provided. The warrants for said
meetings shall contain an article relative to the approval of this
act and the school district clerks shall prepare a special ballot
on which shall be the following question: "Shall the provisions
of 'An Act relating to the Lafayette Regional School District
and the Bethlehem School District' enacted at the 1974 special
session of the legislature be adopted?" Beneath this question
shall be printed the word "Yes" and the word "No" with a square
immediately opposite each word, in which the voter may indi-
cate his choice. If a majority of voters present and voting on
the question at each meeting shall vote in the affirmative, this
act shall be declared to have been adopted. Within ten days
after said meetings, the school district clerks shall certify to the
secretary of state the result of the vote on the question.
5 Effective Date. Sections 1 and 4 shall take effect upon
passage of this act. Sections 2 and 3 shall take effect upon adop-
tion as provided in section 4 of this act.
Rep. Stevenson moved to dispense with the reading of the
amendment.
Adopted.
Rep. Stevenson explained his amendment.
Rep. French spoke in favor of the amendment.
Stevenson amendment adopted.
Ordered to third reading.
House Journal, 26Mar74 261
SB 3
changing the compensation of certain state law enforce-
ment employees.
A necessary addition to those eligible for overtime pay,
plus an amendment to a law passed last session on payment
of witness fees that through an error has been costing the
counties too much in fees to off-duty law enforcement of-
ficers.
Referred to Appropriations.
SB 11
establishing a state historic preservation office and mak-
ing an appropriation therefor. Ought to pass. Rep. Tucker
for Executive Departments and Administration.
This leofislation, similar to SB 137 of the last session, which
was vetoed and then recreated by an executive order, puts
into law what is now Executive Order 73-26.
Referred to Appropriations.
SB 5
providing that a person cannot be denied unemployment
compensation benefits if he refuses a job too distant from his
home. Ought to pass with amendment. Rep. Sanborn for La-
bor, Human Resources and Rehabilitation.
This bill has been completely amended. To be imple-
mented in case an emergency arrives.
AMENDMENT
Amend the title of the bill by striking out same and in-^
serting in place thereof the following:
An Act
providing unemployment benefits under certain circumstances
to persons involuntarily unemployed due to the
unavailability of gasoline for automobiles.
Amend the bill by striking out all after the enacting clause
and inserting in place thereof the following:
1 Report on Unemployment. At the end of each month,
the commissioner of the department of employment security
262 House Journal, 26Mar74
shall prepare a report of the number of individuals who have
been determined by said department to be unable to apply for
work or unable to continue their work during such month be-
cause they were unable to commute to work due to the unavail-
ability of gasoline. Such report shall be presented to the gov-
ernor on the first business day of the following month.
2 Emergency Power. Upon a finding by the governor that
conditions so warrant, he may, with the consent of the council,
declare that an emergency exists throughout the state which is
indicated by involuntary unemployment or continued unem-
ployment caused by the lack of gasoline. During the period
specifically stated in the declaration, the following provisions
shall apply:
I. Availability. No individual shall be denied unemploy-
ment compensation under RSA 282 solely for failing to accept
or apply for work which is beyond his commuting ability be-
cause of the unavailability of motor fuel for privately-owned
automobiles if he has reasonably exhausted alternative meth-
ods of commuting, including car pools, as determined by the
commissioner or his authorized representative.
II. Search for Work. No search for work by an individual
shall be deemed unreasonable under RSA 282 if such search is
involuntarily restricted due to the unavailability of motor fuel
for privately-owned automobiles, and if the individual has
reasonably considered and taken advantage of alternative meth-
ods for conducting job-hunting activities, as determined by
the commissioner or his authorized representative.
III. Voluntary Leaving. Any individual who is forced to
leave his work through no fault of his own because of the un-
availability of motor fuel for individual automobiles shall be
deemed to be involuntarily unemployed under RSA 282 if he
has taken reasonable advantage of alternative methods for con-
tinuing to commute to said work, as determined by the com-
missioner or his authorized representative.
3 Effective Date. This act shall take effect upon its passage
and shall remain in effect only up to and including March 31,
1975. After such date, the provisions of this act shall become
void and of no force and effect.
Amendment adopted.
House Journal, 26Mar74 263
Rep. Spirou moved that SB 5 be indefinitely postponed
and spoke in favor of the motion.
(discussion)
Rep. Stevenson spoke in favor of the motion.
Adopted.
SB 12
to further protect the rights of mobile home owners by
requiring the consumer protection division of the attorney
general's office to promulgate guidelines as to what constitutes
reasonable rules and regulations for mobile parks and by re-
quiring that tenants be given copies of such rules and regula-
tions. Ought to pass with amendment. Rep. Hanson for Munici-
pal and County Government.
The amendment replaces the entire original SB 12, and
generally provides protection to mobile home owners, in
addition to that protection already provided by SB 28
(Chapter 291-1973). Legislation requires owners/operators
of mobile home parks to furnish each tenant with a copy
of "rules and regulations" for the park; also permits owners
/operators to charge reasonable rates (comparable to nearby
localities) for fuel and gas furnished from a central source
to the tenants.
An additional feature of the bill, for benefit of mobile
home park owners/operators, gives them the right to re-
quire, that the first mobile home to be placed on each lot,
in a newly constructed mobile home park be purchased
from the park owner/operator.
AMENDMENT
Amend the title of the bill by striking out same and insert
ing in place thereof the following:
An Act
to further protect the rights of mobile home owners by
requiring that mobile home park owners and operators
state the rules and regulations of the park in writing and
provide all tenants with copies of the rules and to encourage
the construction of mobile home parks by not prohibiting
the so-called "first sale" restriction in a new park.
264 House Journal, 26Mar74
Amend the bill by striking out everything after the enact-
ing clause and inserting in place thereof the following:
1 Tenant to be Given Copy of Rules. Amend RSA 205-A:2
(supp) as inserted by 1973, 291:1, by inserting after paragraph
VI the following new paragraph:
VII. On or after July 1, 1974, fail to provide each tenant
who resides in his park with a written copy of the rules and
regulations of said mobile home park. Said rules and regulations
shall set forth the terms and conditions of the tenancy and shall
contain the following notice at the top of the first page printed
in capital typewritten letters or in 10 point bold face print:
Important Notice Required by Law
THE RULES SET FORTH BELOW GOVERN THE
TERMS OF YOUR RENTAL AGREEMENT WITH THIS
MOBILE HOME PARK. THE LAW REQUIRES ALL
RULES AND REGULATIONS OF THIS PARK TO BE
REASONABLE. NO RULE OR REGULATION MAY BE
CHANGED WITHOUT YOUR CONSENT UNLESS THIS
PARK GIVES YOU 90 DAYS ADVANCE NOTICE OF THE
CHANGE.
SUBJECT TO THE TERMS OF ANY WRITTEN
LEASE AGREEMENT, YOU MAY CONTINUE TO STAY
IN THIS PARK AS LONG AS YOU PAY YOUR RENT
AND ANY OTHER LAWFUL CHARGES, FOLLOW THE
RULES AND REGULATIONS OF THE PARK AND AP-
PLICABLE LOCAL, STATE AND FEDERAL LAW, DO
NOT DAMAGE PARK PROPERTY AND DO NOT RE-
PEATEDLY BOTHER OTHER TENANTS IN THE
PARK. YOU MAY BE EVICTED FOR NONPAYMENT OF
RENT, BUT ONLY IF YOU FAIL TO PAY ALL RENT
DUE WITHIN THIRTY DAYS AFTER YOU RECEIVE
WRITTEN NOTICE THAT YOU ARE BEHIND IN
YOUR RENT.
YOU MAY ALSO BE EVICTED FOR NOT FOLLOW-
ING THE RULES AND REGULATIONS OF THIS PARK
BUT ONLY IF THE RULES AND REGULATIONS ARE
REASONABLE, YOU HAVE BEEN GIVEN WRITTEN
NOTICE OF YOUR FAILURE TO FOLLOW THE RULES,
AND YOU THEN CONTINUE TO BREAK THE RULES.
House Journal, 26Mar74 265
YOU MAY NOT BE EVICTED FOR JOINING A TENANT
ORGANIZATION.
IF THIS PARK WISHES TO EVICT YOU, IT MUST
GIVE YOU 60 DAYS ADVANCE NOTICE, EXCEPT IF
YOU ARE BEHIND IN YOUR RENT, IN WHICH CASE
ONLY 30 DAYS NOTICE IS REQUIRED. THE EVICTION
NOTICE MUST GIVE YOU THE REASON FOR THE
PROPOSED EVICTION.
YOU HAVE THE RIGHT TO SELL YOUR HOME
IN PLACE TO ANYONE AS LONG AS THE BUYER AND
HIS HOUSEHOLD MEET THE RULES OF THIS PARK.
YOU MUST NOTIFY THE PARK IF YOU INTEND TO
SELL YOUR HOME. FAILURE TO DO SO MAY MEAN
THAT THE BUYER WILL BE REQUIRED TO MOVE
THE HOME FROM THE PARK.
COPIES OF THE LAW UNDER WHICH THIS NO-
TICE IS REQUIRED MAY BE OBTAINED FROM THE
CONSUMER "protection DIVISION OF THE AT-
TORNEY GENERAL'S OFFICE, STATE HOUSE ANNEX,
CONCORD, NEW HAMPSHIRE 03301.
2 Second Purchaser Must Comply n^ith Park Rules. Amend
RSA 205-A:2, II (supp) as inserted by 1973, 29LI, by inserting
in line six after the word "withhheld" the following (The park
owner or operator may require as a condition of said permis-
sion that the purchaser and his household meet the current
rules of the park.) and by striking out in line six after the word
"withhheld" the following "and", so that said paragraph as
amended shall read as follows:
II. Deny any resident of a mobile home park the right to
sell at a price of his own choosing, said resident's mobile home
within the park or require the resident or purchaser to remove
the mobile home from the park solely on the basis of the sale
thereof. The park owner or operator may reserve the right to
approve the purchaser of said mobile home as a tenant, but
such permission may not be unreasonably withhheld. The park
owner or operator may require as a condition of said permission
that the purchaser and his household meet the current rules of
the park. The park owner or operator shall not exact a commis-
sion or fee with respect to the price realized by the seller unless
the park owner or operator has acted as agent for the mobile
home owner pursuant to a written contract.
266 House Journal, 26Mar74
3 Central Fuel Systems Allowed. Amend RSA 205-A:2, III,
(supp) as inserted by 1973, 291:1 by inserting in line four after
the word "company" the following (However, the park owner
or operator may impose reasonable conditions relating to cen-
tral fuel and gas meter systems in the park. If such conditions
are imposed, the charges for such goods and services shall not ex-
ceed the average prevailing price in the locality for similar
goods or services.) so that said paragraph as amended shall read
as follows:
III. Require any tenant to purchase any goods or services,
including but not limited to fuel oil, paving, snow plowing,
dairy products, laundry service, bakery products, and food prod-
ucts, from any particular person or company. However, the
park owner or operator may impose reasonable conditions re-
lating to central fuel and gas meter systems in the park. If such
conditions are imposed, the charges for such goods and services
shall not exceed the average prevailing price in the locality for
similar goods or services.
4 Park Owner May Sell the First Unit on a New Lot.
Amend RSA 205-A:2, V, (supp) as inserted by 1973, 291:1 by
inserting in line two after the word "person" the following (un-
less the person designated is the park owner or operator and the
requirement is imposed only in connection with the initial
leasing or renting of a newly-constructed lot or space not pre-
viously leased or rented to any other person.) so that said para-
graph as amended shall read as follows:
V. Require any tenant, or person seeking space in the
mobile home park, to purchase a mobile home from any par-
ticular person unless the person designated is the park oAvner
or operator and the requirement is imposed only in connection
with the initial leasing or renting of a newly-constructed lot or
space not previously leased or rented to any other person.
5 Effective Date. This act shall take effect upon its passage.
Amendment adopted.
Ordered to third reading.
SB 17
relative to the New Hampshire Port Authority, the con-
struction of fishing facilities at Portsmouth, Hampton and Rye
harbors, and the location of marine science docking and related
House Journal, 26Mar74 267
facilities for the university of New Hampshire and making an
appropriation therefor. Ought to pass with amendment. Rep.
Ellis for Public Works.
This bill with its Senate and House amendments appro-
priates capital expenditures for the N. H. Port Authority,
fishing pier projects at Hampton and Rye, and a marine
science facility, as outlined in the amended title of the
bill. The committee after field study and review of the
project voted to pass as amended.
AMENDMENT
Amend the bill by striking out section 1 and inserting in
place thereof the following:
1 Appropriation. The sum of two million three hundred
thousand dollars is hereby appropriated to the New Hampshire
Port Authority for the construction of a second docking facility
for oceangoing vessels in Portsmouth, provided however that
no funds shall be expended under this section until completion
of a study commissioned jointly by the department of resources
and economic development, the city of Portsmouth and the
Southeastern Regional Planning Commission at their expense
to determine the desirability of such expenditure for the exten-
sion of the Port Authority facilities. Such study, to be completed
no later than December 31, 1974 shall include but not be
limited to consideration of warehousing, cold storage facilities
and the nature of ownership and shall be the basis of a report
to be submitted to the fiscal committee of the general court
and the governor and council. If such report and recommenda-
tions are approved by both the fiscal committee and the gov-
ernor and council, the bonds authorized may be used to fund
the facilities so recommended by the report.
Amend section 3 of the bill by striking out paragraph I of
said section and inserting in place thereof the following:
I. Commercial fishing pier and docking facility in the city
of Portsmouth on land to be leased from the city of Portsmouth
at rental of not more than one thousand dollars per year.
Amend the bill by striking out section 4 and inserting in
place thereof the following:
4 Appropriation for Pier in Rye and Hampton. The sum
268 House Journal, 26Mar74
of three hundred fifty thousand dollars is hereby appropriated
to the department of resources and economic development for
the construction of a fishing pier and recreational boating facili-
ties in Hampton harbor and/or Rye harbor. The department
shall be entitled to charge reasonable user fees which shall be
dedicated to the maintenance of the facility.
Amend the bill by striking out section 5 and inserting in
place thereof the following:
5 Marine Science Facilities. The department of resources
and economic development is directed to locate suitable dock-
ing and support marine science facilities of the university of
New Hampshire at locations under its jurisdiction, jurisdiction
of the Port Authorty or other locations suitable for this purpose
subject to concurrence of the board of trustees of the university
of New Hampshire. The sum of fifty thousand dollars is hereby
appropriated to the department of resources and economic de-
velopment to construct or reconstruct or add to docking facility
for this purpose. This appropriation shall not be transferred or
expended for any other purpose.
Rep. Newell commented on the bill.
(discussion)
Reps. Raymond, Drake, Maynard and Zachos spoke in
favor of the bill.
Amendment adopted.
Referred to Appropriations.
SB 4
relative to penalties and forfeitures for noncompliance
with sewage and waste disposal rules and regulations of the wa-
ter supply and pollution control commission. Ought to pass
with amendment. Rep. Claflin for Resources, Recreation and
Development.
Reference is made to the analysis on the printed bill. The
Senate amendment puts the bill in line with the criminal
code. The House amendment clarifies the responsibility of
violators and assigns civil forfeiture solely to enforcement.
AMENDMENT
Amend RSA 149-E:7 as inserted by section 1 of the bill by
House Journal, 26Mar74 269
striking out said section and inserting in place thereof the fol-
lowing:
149-E:7 Penalties.
I. Any person who shall violate any of the provisions of this
chapter or who shall knowingly fail, neglect or refuse to obey
any order of the commission or member or authorized agent
of the commission issued under the authority of this chapter, or
who shall knowingly make any misstatement of material fact
for which said person is personally responsible in connection
with an application for an approval pursuant to this chapter
shall be guilty of a misdemeanor if a natural person; or guilty
of a felony if any other person.
II. Any person who knowingly produces any erroneous or
fallacious data with regard to any application or plan submitted
pursuant to this chapter shall bear the full responsibility for
same, and shall be guilty of a misdemeanor if a natural person,
or guilty of a felony if any other person.
III. Notwithstanding any other penalty or fine for which
liability is provided under this chapter, any person may be
liable to the state, in an action commenced in the name of the
state, for a civil forfeiture of not more than five thousand dollars
for such violation, failure, neglect, refusal or any misstatement
for which said person is personally responsible. Such forfeiture
may be levied by the superior court in connection with actions
for injunctive relief commenced pursuant to RSA 149-E:8. The
proceeds of any civil forfeiture levied under this section shall
be utilized in the enforcement of this chapter.
Amendment adopted.
Ordered to third reading.
SB 24
authorizing cities and towns to grant franchises for cable
television systems. Ought to pass with amendment. Rep. Chase
for Statutory Revision.
The bill clarifies the conditions under which towns and
cities may grant franchises for cable television systems.
AMENDMENT
Amend the bill by striking out all after the enacting clause
and inserting in place thereof the following:
270 House Journal, 26Mar74
1 New Chapter. Amend RSA by inserting after chapter
53-B the following new chapter:
Chapter 53-C
Franchising and Regulation of Cable
Television Systems by Cities and Towns
53-C:l Definitions. As used in this chapter unless the con-
text clearly indicates otherwise:
I. "Cable television system" means the service of receiving
and amplifying signals broadcast by one or more television or
radio stations and distributing such programs by wire, cable,
microwave or other means, whether or not such means are
owned by or leased to persons who subscribe to such service.
Such system shall not include a master antenna television system.
II. "Master antenna television system" means a cable tele-
vision system which serves only the residents of one or more
apartment dwellings under common ownership, control or
management, and any commercial establishment located on the
premises of such apartment house and which transmits only
signals broadcast over the air by stations which may be viewed
normally or heard locally without objectionable interference,
and which does not provide any additional service over its facili-
ties.
III. "Franchising authority" means in the case of a city, the
city council, and in the case of a town, the selectmen, when
authorized by an annual or special town meeting.
IV. "Municipality" means any city or town.
V. "Person" means any individual, partnership, corpora-
tion, municipality or other legal entity.
53-C: 2 Franchise Required. No person shall construct,
commence construction, or operate a cable television system in
any municipality without first obtaining a written franchise
from the franchising authority of each municipality in which
such system is installed or to be installed.
53-C: 3 Authority to Grant Franchises. Any franchising au-
thority is hereby authorized to grant, renew, amend or rescind
for cause franchises for the installation and operation of cable
television systems in accordance with the provisions of this
House Journal, 26Mar74 271
chapter within the geographical limits of its respective towns
or cities.
53-C:4 Authority to Establish Fees and Impose Conditions.
In conjunction with the rights granted in said franchises, any
franchising authority may require reasonable fees payable to
the municipality and may impose conditions not inconsistent
with applicable Rules and Regulations of the Federal Com-
munications Commission, as amended from time to time.
53-C:5 Existing Operations. Any existing contract, license,
permit, resolution or other accepted authorization for a cable
television system which is in operation as of the effective date
of this act, or for a cable television system which has substan-
tially completed the installation of equipment and facilities
as of such date, shall be deemed to be a franchise under the
provisions of this chapter until the earlier of the expiration of
its stated term, if any, or the date of any renewal or amend-
ment required under applicable Rules and Regulations of the
Federal Communications Commission, as amended from time
to time.
2. Effective date. This act shall take effect upon its passage.
At the request of Rep. Patrick, Rep. Fred E. Murray an-
swered questions.
Amendment adopted.
Ordered to third reading.
SJR 2
establishing an interim committee to study oil companies
and other energy suppliers. Ought to pass with amendment.
Rep. Chase for Statutory Revision.
The resolution will continue the work of an Ad Hoc Com-
mittee to study oil companies and energy suppliers. The
amendment removes the subpoena power and would pay
usual expenses rather than legislative mileage.
Reps. Daniell, Spirou, Gerry F. Parker, Chandler and Nel-
son spoke against the amendment.
Rep. Newell explained the committee report.
(discussion)
Amendment lost.
272 House Journal, 26Mar74
Rep. Parker moved that SJR 2 be reported inexpedient to
legislate.
The clerk read SJR 2 in full.
Rep. Parker spoke in favor of his motion.
Reps. Coutermarsh, Nelson, Daniell and Spirou spoke
against the motion.
(discussion)
Reps. John T. AVinn and Patrick spoke in favor of the
motion.
Rep. Plourde spoke against the motion.
Rep. Fred E. Murray non-spoke in favor of the motion.
Rep. Arthur F. Mann moved the previous question.
Sufficiently seconded.
Adopted.
A division was requested.
It being manifestly in the affirmative, SJR 2 was reported
inexpedient to legislate.
SB 8
relative to the distribution of testate property following
waiver of a will by surviving spouse and relative to the form of
notice given for termination of parental rights. Ought to pass
with amendment. Rep. Nighswander for Judiciary.
This bill with amendment restores the provisions of the
law regarding waiving of surviving spouse's rights to those
effective prior to the 1973 legislation.
AMENDMENT
Amend RSA 560:10 as inserted by section 1 of the bill by
inserting after paragraph III the following new paragraph:
That part of the estate not passing to the surviving spouse
as provided in paragraphs I through III shall pass in accordance
with the terms of the will, provided that the surviving spouse
shall take nothing under the will.
House Journal, 26Mar74 273
Amend the bill by striking out section 2 and renumbering
sections 3 through 5 to read as
2,3, and 4 respectively.
Amend the bill by striking out section 4 and inserting in
place thereof the following:
4 Effective Date.
I. Sections 1 and 2 of this act shall take effect at midnight of
the day of its passage and shall apply to the estates of persons
deceased after midnight of such day; provided, however, that
estates in which a surviving spouse has waived the will in his
favor and which are subject to the provisions of 1973, 293 in
effect prior to such effective date may elect to be subject to the
provisions of this act upon filing the written consent of all in-
terested parties to the estate with the probate court within sixty
days of the filing of the waiver or release of the will and home-
stead right as provided in RSA 560: 14.
II. Section 3 of this act shall take effect upon its passage.
Amendment adopted.
Rep. Bourassa offered an amendment.
AMENDMENT
Amend the bill by striking out RSA 170-C:7 as inserted
by section 3 of the bill and inserting in place thereof the fol-
lowing:
170-C:7 Notice. After a petition has been filed, the court
shall set the time and place for a hearing and shall give notice
thereof to the petitioner who shall cause notice to be given to
the parents of the child, the guardian of the person of the
child, the person having legal custody of the child, any in-
dividual standing in loco parentis to the child, and the guard-
ian ad litem of any party. Where the child's parent is a minor,
notice shall also be given to said minor's parents or guardian
of the person unless the court is satisfied, in the exercise of its
discretion, that such notice is not in the best interest of said
minor and that it would serve no useful purpose. Notice shall
be given by personal service to the parent whose parental rights
may be terminated pursuant to the petition that has been filed.
Where it shall appear impractical to personally serve said par-
274 House Journal, 26Mar74
ent, the court shall order service by certified mail to the par-
ent's last known address or publication once a week for two
successive weeks in a newspaper of general circulation in the
area where that person was last domiciled or both. All other
parties shall be given notice by regular mail at their last known
address. The hearing shall take place no sooner than twenty
days after service of notice, except that if notice is by publica-
tion the hearing shall take place no sooner than seven days
after the last date of publication.
The clerk read the amendment in full.
Rep. Bourassa explained his amendment.
Reps. Close and Frizzell spoke against the Bourassa amend-
ment.
Rep. Sayer spoke in favor of the Bourassa amendment.
Rep. Bourassa spoke a second time in favor of his amend-
ment.
(discussion)
Bourassa amendment adopted.
Ordered to third reading.
RECONSIDERATION
Rep. Nelson moved to reconsider the action of the House
in requesting a committee of conference on HB 7, permitting
municipalities to establish, acquire, maintain and operate public
transportation facilities in cooperation with governmental units
of adjoining states and permitting broader cooperation in furn-
ishing of municipal services, and that it concur with the Senate
in the passage of HB 7 as amended by the Senate.
Adopted.
Rep. Pryor commented on HB 7.
RECESS
AFTER RECESS
SB 29
exempting enterprises selling spirits and wines to the state
of New Hampshire from the business profits tax. Majority:
House Journal, 26Mar74 275
Inexpedient to legislate. Rep. Nutt for Ways and Means. Mi-
nority: Ought to pass with amendment. (Rep. Cunningham)
Majority: This bill is designed to solve a special problem
of out of state vendors of liquor to the N. H. Liquor Com-
mission. In so doing it is believed a dangerous precedent
may be set in allowing special deductions for a single
product.
The liquor vendors are in a high profit industry and ware-
housing liquor in New Hampshire is a part of their profit
structure and assures them of continuity of the New Hamp-
shire market. There is little doubt that taxes paid New
Hampshire as required under the Business Profits Tax are
deductible in their corporate taxes paid elsewhere.
Further, the bill would exempt from the Business Profits
Tax a special New Hampshire industry, liquor and wine,
from the Business Profits Tax on products sold to the state.
If applied to liquor a bad precedent would be established
which, if accepted, could lead to exemption from the Bus-
iness Profits Tax all local products sold to the state.
Solution to sort of a special problem should not be sought
by tampering with a major segment of the state tax struc-
ture.
Minority: With only eleven members of the Ways and
Means Committee voting on SB 29, the minority feels that
the issue involved in this very important bill should be
brought before the House (as amended) for full discussion.
Rep. Cunningham moved that the report of the minority,
ought to pass with amendment, be substituted for the majority
report, inexpedient to legislate, and spoke in favor of his mo-
tion.
Rep. Nutt spoke against the motion,
(discussion)
Rep. Gerry F. Parker spoke against the motion.
Reps. Parr, Joseph L. Cote, Drake and Coutermarsh spoke
in favor of the motion.
276 House Journal, 26Mar74
Reps. Harvell, Dupont and Boisvert moved the previous
question.
Sufficiently seconded.
Adopted.
A division was requested.
146 members having voted in the affirmative and 156 in
the negative, the motion to substitute lost.
Majority report, inexpedient to legislate.
Resolution adopted.
SENATE MESSAGES
Senate passed SB 31 and asked the Concurrence of the
House.
SB 31, authorizing the city of Berlin to acquire, develop
and operate industrial parks within the city and to aid the
construction and expansion of industrial facilities within the
city by issue of revenue bonds. Referred to Rules Committee
under Joint Rule 10.
RECONSIDERATION
Rep. Nutt moved reconsideration on SB 29, exempting
enterprises selling spirits and wines to the state of New Hamp-
shire from the business profits tax.
Reconsideration lost.
GOVERNOR'S VETO MESSAGE
Pursuant to the provisions of Part II, Article 44 of the
Constitution, I return herewith House Bill 19, a bill increasing
the amount of political expenditures authorized for candidates
in primary and general elections seeking the office of governor,
U. S. Senator, representative in Congress, Governor's Councilor,
county officer, state senator or representative of the General
Court.
My objections are briefly noted below:
1. This bill would enshrine political hypocrisy in our
statutes.
House Journal, 26Mar74 277
It would increase the amount state-wide candidates, such
as governor and U. S. Senator could spend in primary elections
and again in general elections from $67,056.60 to $ 1 1 1 ,76 1 .00 by
changing the formula from 15c per qualified voter in the last
election to 25c. This would be a 66.6 per cent increase in au-
thorized expenditures. It would also increase the limit of spend-
ing for other candidates for public office.
The American public has been outraged by the excessive
expenditures of candidates seeking political office. This is not
the time nor is New Hampshire the place to raise the limit on
campaign spending. If anything we should be considering re-
ductions.
Politicians of all parties have called loudly for campaign
reform. As in so many worldly problems money is the taproot of
the matter. There can be no true reform without a recognition
that the amount of money spent in a campaign must be severely
controlled and restricted.
I am surprised indeed that neither political party and very
few political leaders have spoken out vigorously against this bill.
Why, at this late hour, should any politician have difficulty in
understanding that the average citizen is weary of political
double-talk?
Deprecations alone against the Watergate disclosures Avill
not purify a politician for next fall's election.
Regardless of party, I am confident that voters will judge
all candidates by their actions and not by unctuous protestations
of righteousness. That certainly is the conclusion to be read
from recent polls showing that politicians have the lowest rating
of any group.
2. Proponents of this measure suggest that 66.6 per cent
increase provided for state-wide offices is necessary to off-set the
effect of inflation on campaigning. This is not so.
The provision of RSA 70:4 that HB 19 would amend was
last amended in 1967 when the 15 cents per qualified voter of
the last election was first used as a formula.
Under the formula a candidate for state-wide office could
spend in the primary of 1964 $25,000. It was the same in 1966.
Authorized political expenditures for a state-wide office
for the past ten years show the following:
278 House Journal, 26Mar74
1964
$25,000.00
1966
25,000.00
1968
53,343.90
1970
56,805.90
1972
58,033.50
1974
67,056.60
Thus in ten years the sum authorized for campaigning for
a state-wide office has increased by 168 per cent.
The cost of some major items in campaigning has increased
as follows:
Items 1964 1974 % Increase
1st Class Postage .05 .10 100
5 min. prime radio
time at one station $9.00 $25.00 278
10" (2 X 5 ) space on $208.00 $340.00 163
page one state-wide
paper
1 gallon gasoline 36.9 52.9 43
3. New Hampshire election laws on campaign expenditures
and accountability are among the best in the nation.
For example, the Council of State Governments indicates
the following limitations in the states that have limitations on
a state-wide candidate such as governor.
Florida $250,000
Iowa 30 cents per voter
New Jersey 50 cents per voter
Oregon 15 cents per voter
Utah $100,000 media communications
Washington A sum equal to twice that
paid for governor's salary
We should keep New Hampshire as it is if our voters are
to have a free choice in the selection of competence, quality, and
representation on issues when considering candidates.
In many states where there is little if any restraint on au-
thorized campaign expenditures, the voters' only alternative is
a choice between two or more persons of wealth.
Thus, we are building in America, imperceptibly and quite
beyond the intent of the Founding Fathers, an oligarchy of fat
cats.
House Journal, 26Mar74 279
In many places only persons of wealth, or those few whose
connections are such that they can solicit wealth, can afford to
seek public office.
I would hope that in New Hampshire we will continue to
keep open the door to high public office to any qualified person
regardless of actual or attracted wealth.
4. By raising the ante, that is the amount allowed for a
campaign, we are told that somehow it will make a candidate
more honest.
Just the opposite is apt to be true. The bigger the pot the
more attractive it will be for those who thirst for power rather
than an opportunity to serve their fellowman.
5. It is suggested that an incumbent has an advantage,
especially over a heretofore unknown candidate.
This is probably true. But having a larger sum to spend
helps the incumbent just as much as the newcomer.
CONCLUSION
House Bill 19 would help create a class of professional poli-
ticians. We need instead more new faces from the ranks of citi-
zens offering to participate in government by seeking public
office.
I would hope that on second reflection the Legislature
would sustain my objection to the bill and thus preserve that
high degree of democracy that now flourishes in our state.
Sincerely,
Meldrim Thomson, Jr.
Rep. Zachos moved consideration of the Governor's veto
message on HB 19 be made a special order for tomorrow.
Rep. Coutermarsh spoke in favor of the motion.
Adopted.
COMMITTEE REPORTS CONTINUED
SB 2
to provide fairer real estate taxes for the elderly through
a partial exemption from real estate taxes for persons sixty-
280 House Journal, 26Mar74
five years of age or older, under certain circumstances, and
compensating cities and towns for consequent loss of tax
base and making an appropriation therefor, and making cer-
tain revisions in the homeowners' exemption law. Majority:
Ought to pass with amendment; Rep. Hall for Ways and
Means. Minority: Ought to pass with further amendment.
(Reps. Splaine, Donnelly and Nardi)
Majority: This bill basically the original Senate Bill 2
and HB 293 as vetoed by Governor Thomson for lack of
funding. The committee proposes funding with |2,000,000,
The homeowners' exemption section, as amended by the
Senate, consists of basically technical amendments pro-
viding for hearings at the local level before being placed
on the ballot.
The committee amendment provides for procedures to
allow rescinding formerly not contained in the original
Homeowners' Act.
The committee has voted to recommend that the House
divide the question.
Minority: The Minority agrees with the Majority in ac-
cepting Senate Bill 2 and the suggested amendments, but
wish to offer an additional amendment.
The Homeowners' Exemption Property Tax Relief Law
passed in 1973 that has been adopted in several communi-
ties throughout the State with a population totalling about
100,000, has several areas of concern that need attention.
The Minority amendment, which lost in a tie vote in the
Ways and Means Committee, will provide continuation
of the local option home rule approach built into the
original law while guaranteeing more adequate relief for
the aged and those living in smaller homes.
A. Removing the $8,000 base below which exemptions may
be granted, and providing a proper referendum for the
change. This eliminates discrimination, and provides re-
lief for lower valuations;
B. Connecticuting the part of Senate Bill 2 that gives ad-
ditional tax relief to persons over 80 years of age if they
would otherwise qualify by income and asset limitations
set forth by the bill;
House Journal, 26Mar74 281
C. Exempting those over age 65 from the present $8,000
level, and equalizing the $8,000 figure so it remains equi-
table from community to community.
This amendment absolutely does not affect any community
not adopting the Homeowners' Exemption law. It is com-
pletely a local option referendum, home rule decision by
the people.
Rep. Sayer moves that the question be divided and that
the division be as follows:
Div. I (exemption for the elderly), Sections 1-6 and Sections
22, 23 and 24
Div. II (homeowners' exemption), Sections 7-21
and that each division and amendments thereto be decided
separately.
Adopted.
Rep. Hall explained SB 2.
(discussion)
Rep. Hall yielded to Rep. Nutt to answer questions.
Question being on the adoption of majority amendment.
AMENDMENT
Amend the bill by striking out section 23 and inserting in
place thereof the following:
23 Appropriation. There is hereby appropriated the sum
of two million dollars for the fiscal year ending June 30, 1975,
to be disbursed to the cities and towns pursuant to RSA 72:42-a.
Said appropriation shall not be transferred or expended for any
other purpose. The governor is authorized to draw his warrant
for said sum out of any money in the treasury not otherwise
appropriated.
Reps. Martineau, Gerry F. Parker, Hanson and George E.
Gordon spoke against the majority amendment.
Rep. Gorman spoke in favor of the majority amendment.
At the request of Rep. T. Anne Webster, Rep. Nutt an-
swered questions.
282 House Journal, 26Mar74
Reps. Sayer and Sara M. Townsend non-spoke in favor of
the majority amendment.
Reps. Read and Altman spoke in favor of the majority
amendment.
Rep. Gerry F. Parker requested a division.
173 members having voted in the affirmative and 78 in the
negative, the majority amendment, Div. 1, was adopted.
Rep. Boisvert offered an amendment.
Reps. Parker and Spirou spoke against the Boisvert amend-
ment.
A division was requested.
It being manifestly in the negative, the Boisvert amend
ment lost.
Question being on the adoption of the committee amend-
ment, Div. 2.
Committee amendment adopted.
Rep. Splaine offered an amendment.
AMENDMENT
Further amend the bill as follows.
Amend the bill by striking out RSA 72:44, I as inserted
by section 7 of the bill and inserting in place thereof the fol-
lowing:
I. A town desiring to adopt the provisions of this subdi-
vision may have the question placed on the warrant for an an-
nual or special town meeting by action of the selectmen or by
petition in RSA 39:3. Such question shall be presented for
voter approval on a separate ballot and shall be worded as fol-
lows:
"Shall the town adopt the homeowners' exemption pro-
visions of RSA 72 granting a |5000 exemption based on equal-
ized assessed vahiation in all owner-occupied units, or a $10,000
exemption based on equalized assessed valuation on all owner-
occupied units by persons over sixty-five years of age?"
Upon the ballot containing the question shall be printed
House Journal, 26Mar74 283
the word "Yes" with a square near it at the right hand of the
question; and immediately below the word "Yes" shall be
printed the word "No" with a square near it at the right hand
of the question; and the voter desiring to vote upon the ques-
tion shall make a cross in the square of his choice. If no cross
is made in a square beside the question, the ballot shall not be
counted on the question.
Amend the bill by striking out RSA 72:45 as inserted by
section 9 of the bill and inserting in place thereof the follow-
ing:
72:45 Owner-Residents Exempted.
I. Every person who has the legal or beneficial title in
equity to real property including a mobile home in this state
and who resides thereon and in good faith makes the same his
permanent home, or the permanent home of another or others
legally or naturally dependent upon said person, shall be en-
titled to an exemption of five thousand dollars of assessed val-
uation as determined by the department of revenue administra-
tion from all taxation except for special assessment on said
home up to an assessed valuation determined by the depart-
ment of revenue administration. In no case, however, shall the
remaining assessed valuation be less than eight thousand dol-
lars on any homestead, in any city or town which adopted the
provisions of RSA 72:44-60 prior to April 1, 1974 and which
has not removed such prohibition under RSA 72:44-b. Said
title may be held solely, jointly or in common with others and
said exemption may be apportioned among such of the owners
as shall reside thereon as their respective interests shall appear.
The exemption provided herein shall be allowed on each
condominium parcel occupied by its owner and on any other
entity recognized at law as realty and occupied by its owner.
II. If property in a town or city is not assessed at its full
and true market value, the amount of valuation exempted and
the remaining assessed valuation when applicable shall be re-
duced to the proportionl level that such valuations bear to one
hundred percent as determined by the department of revenue
administration.
III. The remaining assessed valuation limitation of eight
thousand dollars, as provided in paragraph I, or its equivalent
as equalized by the department of revenue administration, shall
284 House Journal, 26Mar74
apply as provided in paragraph I only to property owned by
persons under the age of sixty-five.
Amend the bill by striking out section 21 and inserting in
place thereof the following:
21 Applicability. Amend RSA 72 by inserting after section
44 the following new sections:
72:44-a Applicability of 1974 Amendments. Any city or
town which shall have adopted the provisions of RSA 72:44-60
prior to April 1, 1974 shall be deemed to have adopted such
provisions as amended by sections 7 through 20 of the act in-
serting this section, provided that:
I. The validity of the adoption of the homeowners' exemp-
tion in such city or town shall not be affected by any added re-
quirements imposed pursuant to the provisions of sections 7
though 20 of said act; and
II. The provisions of RSA 72:44 and 72:45, prior to such
amendment, relative to prohibiting exemptions in any case in
which the equalized assessed valuation falls below eight thou-
sand dollars shall remain in effect in such city or town unless
removed pursuant to RSA 72:44-b.
72:44-b Referendum to Remove Prohibition,
I. Any city or town which adopted the provisions of RSA
72:44-60 prior to April 1, 1974 may, by referendum as pro-
vided in this section, remove the prohibition against granting
an exemption when the equalized assessed valuation falls be-
low eight thousand dollars. The question for removing such
prohibitions shall be put to the voters at an annual or special
town meeting or at a regular municipal election for the elec-
tion of city officers if the same procedures as are required for
placing the question of adoption of this subdivision under
RSA 72:44, I or II, respectively, are fully complied with,
II. The question shall be presented for voter approval on
a separate ballot with proper provisions for the voter to clearly
indicate his choice and shall be worded as follows:
"Shall the town (or city) remove the prohibition against
granting a homeowners' exemption under RSA 72 when the
vakiation of an owner-occupied unit falls below $8,000?"
House Journal, 26Mar74 285
III. Upon approval of the question by a majority of those
voting on the question, such prohibition shall be removed com-
mencing with the April first next following the referendum.
Amend the bill by striking out all after section 24 and
inserting in place thereof the following:
25 1974 Referendum Allowed. Notwithstanding any other
provision of law, in any city to which RSA 72:44-b may apply,
the referendum permitted by RSA 72:44-b may be presented
for voter approval at the regular biennial election held in No-
vember 1974, provided that all other requirements of RSA
72:44-b are fulfilled. The clerk of any such city shall prepare
a separate ballot in the form provided by RSA 72:44-b.
26 Exemption for Elderly Extended. Amend RSA 72:60,
as inserted by 1973, 482:2, by striking out said section and in-
serting in place thereof the following:
72:60 Tax Exemption for Elderly.
I. The provisions of RSA 72:39-43 relative to certain tax
exemptions for the elderly shall not apply in any town or city
which adopts the provisions of this subdivision except as pro-
vided in this section.
II. In any town or city which has adopted the provisions
of this subdivision, any person who is eligible for an exemption
under this subdivision and also meets the requirements for
exemption under RSA 72:39-43 shall be entitled to exemption
under the provisions which provide the greater exemption for
such person. The determination of eligibility for exemption
shall be made by the selectmen or assessors.
III. In the event that application of paragraph II results
in the exemption of any person under RSA 72:39-43, the town
or city granting the exemption shall be entitled to compensation
for loss of taxable valuation in the same manner and at the
same time as is provided under RSA 72:42-a except that the
amount of the payment to the city or town shall be determined
as herein provided. The "full value rate percent of taxation
referred to in RSA 72=42-a" shall be determined as though this
section had not been in effect. The amount of the payment to
the city or town shall be determined by multiplying this full
value rate percent of taxation times the additional valuation
exempted from taxation under this section.
286 House Journal, 26Mar74
27 Effective Date. This act shall take effect A pril 1, 1974.
Rep. Splaine spoke in favor of his amendment.
(discussion)
Reps. Coutermarsh, Duprey, Chambers, Spirou, Read and
George I. Wiggins spoke in favor of the Splaine amendment.
Reps. Daniell, Anthony Stevens, Rousseau, Lessard, Rod-
erick O'Connor, Hodgdon, Maynard, Harvey, Plourde and
Nardi non-spoke in favor of the Splaine amendment.
Rep. Ellis moved the previous question.
Sufficiently seconded.
Adopted.
Splaine amendment adopted.
Rep. George I. Wiggins offered an amendment.
Amend the title of the bill by striking out the same and
inserting in place thereof the following:
An Act
to provide fairer real estate taxes for the elderly through a
partial exemption from real estate taxes for persons sixty-five
of age or older, under certain circumstances, and compensating
cities and towns for consequent loss of tax base and making an
appropriation therefor and repealing homeowner's
exemptions provisions.
Amend the bill by striking out all after section 6 and in-
serting in place thereof the following:
7 Exemption Compensation for Municipalities. Amend
RSA 72 by inserting after section 42 the following new section:
72:42-a Compensation for Exemption. To compensate cities
and towns for the loss of taxable valuation under RSA 72:39, a
payment as determined in this section shall be made to such
cities and towns by the state treasurer as soon as possible after
the total payments due to all cities and towns under this section
in that year have been determined. If the appropriation made
to provide funds for these payments is insufficient in any year
to provide full payments hereunder, the sums distributed to the
cities and towns shall be reduced on a pro rata basis. The report.
House Journal, 26Mar74 287
filed under RSA 41:15 shall indicate the amount of valuation
exempted in the city or town under RSA 72:39. At the time
that he determines the rate percent of taxation for the city or
town, the commissioner of revenue administration shall deter-
mine a "full value rate percent of taxation" which would have
been necessary in that city or town had RSA 72:30 not been
in effect. The amount of the payment to the city or town under
this section shall be determined by multiplying this full value
rate percent of taxation times the amount of valuation ex-
empted under RSA 72:39 in that city or town in the year for
which the payment is made. Any payment made under this sec-
tion shall be considered as revenue received by the city or town
in determining the budget needs for the ensuing fiscal year.
8 Appropriation. There is hereby appropriated the sum of
two million dollars for the fiscal year ending June 30, 1975, to
be disbursed to the cities and towns pursuant to RSA 72:42-a.
Said appropriation shall not be transferred or expended for
any other purpose. The governor is authorized to draw his
warrant for said sum out of any money in the treasury not other-
wise appropriated.
9 Repeal. RSA 72:44-60 (supp), as inserted by 1973, 482:2.
relative to homeowners' exemption are hereby repealed.
10 Effective Date. This act shall take effect April 1, 1974.
The clerk read the amendment in full.
Rep. Wiggins explained his amendment.
Reps. Splaine, Elizabeth E. Goff, Gerry F. Parker, Spirou,
Daniell and Bednar spoke against the Wiggins' amendment.
(discussion)
Reps. Patrick and DeCesare non-spoke against the Wig-
gins' amendment.
Reps. Read, Belair, Sununu, Albert C. Jones and Hall
spoke in favor of the Wiggins' amendment.
Reps. Cunningham, Anne B. Gordon, Leonard A. Smith,
McLane, Curran, Roma A. Spaulding, Seamans, Scamman,
Dorothy W. Davis, Donalda K. Howard, Helen F. Wilson, Roy
M. Davis, Mattice, Elmer S. Wiggin, Philip C. Heald, Tilton,
Polak, Ladd, Barrus, Harvell, Gorman, William P. Boucher,
288 House Journal, 26Mar74
Vesta M. Roy, Conley, Harold E. Thomson, Enright, Beckett,
Sara M. Townsend, Hanson, Elmer L. Johnson and Ellis non-
spoke in favor of the Wiggins' amendment.
Reps. Boisvert, Tucker and Ellis moved the previous ques-
tion.
Sufficiently seconded.
Adopted.
A division was requested.
207 members having voted in the affirmative and 75 in
the negative, the Wiggins' amendment was adopted.
SB 2 referred to Appropriations.
SENATE MESSAGES
CONCURRENCES
HB 27, relative to amending certain provisions of the Off
Highway Recreation Vehicle Law, RSA 269-C.
HB 32, relative to the commission and taxes on pari-mu-
tuel pools at dog tracks.
CONCURRENCE HB WITH SENATE AMENDMENT
HB 18, requiring local approval prior to approval of site
plans for oil refineries.
(Amendment printed HC Mar. 26)
Rep. Hanson moved that the House nonconcur in the
Senate amendment and that a committee of conference be es-
tablished.
Adopted.
The Speaker appointed Reps. Hanson, Sununu, Ethier,
Benton and Madeline C. Townsend.
Rep. Vesta M. Roy is celebrating a birthday today.
RESOLUTION
Rep. George B. Roberts, Jr. moved that all bills ordered
House Journal, 26Mar74 289
to third reading, be read a third time by this resolution and
that all titles of bills be the same as adopted, and that they be
passed at the present time, unless otherwise ordered by the
House.
Adopted.
Third reading and final passage.
SB 4, relative to penalties and forfeitures for noncompli-
ance with sewage and waste disposal rules and regulations of
the water supply and pollution control commission.
SB 8, relative to the distribution of testate property follow-
ing waiver of a will by surviving spouse and relative to the
form of notice given for termination of parental rights.
SB 12, to further protect the rights of mobile home owners
by requiring that mobile home park owners and operators state
the rules and regulations of the park in writing and provide all
tenants with copies of the rules and to encourage the construc-
tion of mobile home parks by not prohibiting the so-called
"first sale" restriction in a new park.
SB 22, establishing a study committee to develop a plan to
provide public assistance to private institutions of higher learn-
ing in this state and relating to the Lafayette Regional School
district and Bethlehem school district.
SB 24, authorizing cities and towns to grant franchises for
cable television systems.
SENATE MESSAGES
CONCURRENCE HB WITH SENATE AMENDMENT
HB 35, providing for twenty years retirement for members
of group II under the New Hampshire Retirement System, per-
mitting the transfer of members of the New Hampshire Fire-
men's Retirement System and of the New Hampshire Police-
men's Retirement System into the New Hampshire Retire-
ment System and making an appropriation therefor.
Reps. Rebecca A. Gagnon, Arthur Gagnon, Harold E.
Thomson, Buskey, Roy M. Davis, McLaughlin, Olden, Barrus,
Hodgdon, Maynard, Connors, Palfrey, Stimmell, Sweeney,
Grady, Page, Chasse, Pray, Maguire, Cecelia L. Winn, Mary
J. Sullivan, Ruel, Kincaid, Parnagian, Davison, Lamy, Deoss,
290 House Journal, 26Mar74
Benjamin A. Brown, Peabody, Roderick K. O'Connor, Chand-
ler, Zoncas, Clancy, Matheson, Boisse, Barker, Dupont, Lefe-
bvre, Belcourt, Colby, Cummings, Splaine, Donnelly, Fan,
Lewko, Scott, McDonough, Twigg, T. Anne Webster, Record,
Sayer, Belair, Tibbetts, Timothy K. O'Connor, Twardus and
Cullity, nonspoke in favor of concurring with the Senate amend-
ment to HB 35.
(Amendment printed HC March 26)
Rep. Drake moved that the House nonconcur in the Senate
amendment and that a committee of conference be established.
Rep. Drake spoke in favor of his motion.
Reps. George B. Roberts, Jr. and Coutermarsh spoke in
favor of the motion.
Adopted.
The Speaker appointed Reps. Drake, George B. Roberts,
Jr., Coutermarsh, Weeks and Roderick H. O'Connor.
CONCURRENCE HB WITH SENATE AMENDMENT
HB 2, making appropriations for capital improvements.
(Amendment printed SJ March 26)
Rep. Arthur F. Mann moved that the House nonconcur in
the Senate amendment and that a committee of conference be
established.
Rep. Raymond spoke in favor of the motion.
Rep. Tarr non-spoke in favor of concurring.
(discussion)
A division was requested.
156 members having voted in the affirmative and 108 in
the negative, the motion to nonconcur prevailed.
The Speaker appointed Reps. Arthur F. Mann, Raymond,
John B. Goff, Daniels and Belair.
NOTICE OF RECONSIDERATION
Rep. Gorman served notice that today or some subsequent
I
House Journal, 26Mar74 291
day he will ask reconsideration of the House action in killing
SJR 2, establishing an interim committee to study oil com-
panies and other energy suppliers.
BILLS PRESENTED TO THE GOVERNOR
March 26
HB 12, conforming tax commission references in the cur-
rent use taxation law to the revised revenue administration
laws.
HB 15, relative to redistricting the ward lines of the city
of Laconia.
HB 16, permitting public accountants and registered pro-
fessional nurses to form professional associations.
HB 25, changing the reporting date for the study com-
mission on the problems of unemployed citizens in New Hamp-
shire.
SB 19, specifying procedures for termination of residential
gas or electric services.
BILLS SIGNED BY THE GOVERNOR
February 20
SB 14, relative to election of delegates to the constitutional
convention from Berlin.
March 12
HB 9, increasing the debt limit for the Londonderry school
district.
HB 28, authorizing Franklin Pierce College to grant the
degree of juris doctor.
March 25
HB 20, increasing the interest rate of housing authority
bonds.
HB 23, continuing present city of Somersworth's elected
officials in office until the next regular election, and legalizing
the election of delegates to the constitutional convention from
the old wards of said city.
SJR 1, compensating Rene Boucher for mileage while
serving on the Committee of Voter Registration and Checklists.
292 House Journal, 27Mar74
BILLS VETOED BY THE GOVERNOR
March 25
HB 19, increasing the amount of political expenditures
authorized for candidates in primary and general elections
seeking the office of governor, U. S. senator, representative in
congress, governor's councilor, county officer, state senator or
representative to the general court.
On motion of Rep. George B. Roberts, Jr. the House ad-
journed at 7: 10 to meet tomorrow at 10:00 a.m.
Wednesday^ 27Mar74
The House met at 10:00 o'clock.
Prayer was offered by House Chaplain Rev. Joseph Y.
Beaulieu.
Almighty God, Our heavenly Father, guide us, we beseech
You, into the way of justice and truth.
Establish among us that peace which is the fruit of righ-
teousness.
We ask this through Christ our Lord. Amen.
PLEDGE OF ALLEGIANCE
Rep. Orcutt led the Pledge of Allegiance.
LEAVES OF ABSENCE
Rep. Edward A. Johnson, the day, illness.
Rep. Aubut, indefinite, illness.
Rep. Randall, today and tomorrow, illness.
Reps. Hough and Taber, the day, important business.
SENATE MESSAGES
CONCURRENCE
HB 3, An act relative to establishment of a food stamp
program and making an appropriation therefor.
House Journal, 27Mar74 293
ENROLLED BILLS REPORT
HB 3, relative to establishment of a food stamp program
and making an appropriation therefor.
Mabel L. Richardson
For The Committee
CONCURRENCE HB's WITH SENATE AMENDMENT
HB 30, relative to the civil commitment procedures in the
probate courts and detention and discharge procedures for the
mentally ill.
(Amendment printed SJ March 26)
Rep. Frizzell moved that the House concur with the Sen-
ate amendment.
Adopted.
HB 33, relative to the Winnipesaukee River Basin Con-
trol; and providing for continuation of the study committee on
the water supply and pollution control commission.
(Amendment printed SJ March 26)
Rep. Claflin moved that the House nonconcur and that a
committee of conference be established.
Adopted.
The Speaker appointed Reps. Claflin, Ladd, Tilton, Ole-
son and Harriman.
REPORT OF RULES COMMITTEE
HCR 7, ought to pass. Rep. George B. Roberts, Jr. for
Rules.
Whereas, there is a definite need to obtain, evaluate and
make decisions on the needs of the elderly within each state
region of New Hampshire, and
Whereas, there is a further need to recommend, solicit, ob-
tain, grant and administer funding and programming efforts
to prevent, alleviate and solve, so far as possible, any and all
of the problems of the elderly from governmental or nongov-
ernmental sources;
294 House Journal, 27Mar74
Now Therefore Be It Resolved by the House of Represen-
tatives, the Senate concurring:
That a joint committee is hereby established to study the
need for the creation of independent agencies with proportion-
al representation of local governmental districts for the ad-
ministration and distribution of federal funds from the Ad-
ministration on Aging. Said committee shall be composed of
three House members appointed by the Speaker of the House
and two Senate members to be appointed by the President of
the Senate. Said committee is to report back to each of their
respective bodies no later than January 1, 1975.
The clerk read the resolution in full.
Adopted.
Rep. Benton moved the procedure for today be as follows:
In the interests of assuring the fairness of debate in the
House and of utilizing the members' time to the maximum
benefit, I move that the House procedure for today be as fol-
lows:
The principal proponent and principal opponent of each
bill shall be granted unlimited time to speak. Thereafter, each
member speaking in favor of or opposed to the bill shall be
limited to two (2) minutes.
Only the principal proponent and opponent, or a member
of the committee involved, shall respond to questions.
Rep. Benton spoke in favor of his motion.
Reps. George E. Gordon, Spirou and Gerry F. Parker spoke
against the motion.
(discussion)
Rep. Benton subsequently withdrew his motion.
(Deputy Speaker in the Chair)
COMMITTEE REPORTS
SB 31
authorizing the cities of Berlin and Keene to acquire, de-
velop and operate industrial parks within each such city and to
aid the construction and expansion of industrial facilities within
House Journal, 27Mar74 295
each such city by the issue of revenue bonds. Recommended
that the bill be introduced. George B. Roberts, Jr. for Rules.
Adopted. Referred to Municipal and County Government.
SB 20
providing for regulation of franchise agreements for the
sale of gasoline. Ought to pass with amendment. Rep. Palfrey
for Executive Departments and Administration.
This bill has been slightly amended from the Senate ver-
sion to give independent gasoline dealers some additional
protection and to require the posting of fuel prices on all
pumps.
AMENDMENT
Amend the title of the bill by striking out same and in-
serting in place thereof the following:
An Act
providing for regulation of franchise agreements for
the sale of gasoline and requiring the posting of
motor fuel prices.
Amend RSA 339-C:4, II as inserted by section 1 of the bill
by striking out same and inserting in place thereof the follow-
ing:
II. A supplier shall not impose any conditions on a dealer
which are not stated in the agreement between the parties, un-
less mutually amended or modified.
Amend RSA 339-C:7, II as inserted by section 1 of the bill
by striking out same and inserting in place thereof the follow-
ing:
11. The remedy provided for in this section is in addition
to all other remedies available under contract or as provided by
law or equity, including injunctive relief. If the court finds that
the violation of this chapter has been wilful the court may allow
reasonable attorney fees.
Amend RSA 339-C:8, I as inserted by section 1 of the bill
by striking out same and inserting in place thereof the follow-
ing:
296 House Journal, 27Mar74
I. Provisions requiring a dealer to take in any advertising
or promotional campaigns which will require the dealer to ac-
cept any posters, stamps, tickets, gifts, bonuses, premiums, or
any other promotional items; or
Amend RSA 339-C:8, III as inserted by section 1 of the
bill by striking out same and inserting in place thereof the fol-
lowing:
III. Provisions requiring a dealer to purchase any products
of the supplier other than gasoline or diesel fuel. The dealer
may, however, agree to accept such products on consignment,
but not exclusive as to like products; or
Amend the bill by striking out section 2 of same and in-
serting in place thereof the following:
2 Posting of Motor Fuel Prices. Amend RSA 339 by insert-
ing after section 30 the following new section:
339:30-a Gasoline and Diesel Fuel Prices.
I. All persons who shall offer for sale or sell any gasoline or
diesel fuel at retail shall post the price of all grades of such gas-
oline or diesel fuel on the pump from which such fuels are dis-
pensed. Such posted prices shall be in numerals not less than
four inches high and three-quarters of an inch in width. Numer-
als indicating fractions or portions of whole numbers on any
posted price shall be at least one-half the size of the whole num-
ber on such display, and all posted prices shall reflect the total
price of such fuel, including all taxes thereon. All posted prices
shall be clearly visible from both sides of the pump from either
direction of a motorist's approach to the pump in a normal ap-
proaching manner for fuel.
II. Any person who shall violate the provisions of this sec-
tion shall be guilty of a violation.
3 Effective Date. This act shall take effect sixty days after
its passage.
Amendment adopted.
Ordered to third reading.
SB 27
to better protect the safety of New Hampshire citizens and
law enforcement officers by changing penalties for homicide in
House Journal, 27Mar74 297
certain circumstances. Majority: Ought to pass; Rep. H. Gwen-
dolyn Jones for Judiciary. Minority: Ought to pass with amend-
ment. (Reps. Lewko, South wick and Alukonis)
Majority: Provides for life imprisonment for convicted
murders with no parole. Only pardon is by governor and
council.
Minority: The minority feels that capital punishment, is
justified for specific crimes as established by a recent Su-
preme Court ruling (Furnam vs. Georgia) . This bill cre-
ates what we believe is a constitutionally acceptable form
of capital punishment in New Hampshire. It sets forth
eight (8) categories of victims.
AMENDMENT
Amend the title of the bill by striking out same and in-
serting in place thereof the following:
AN ACT
to better protect the safety of New Hampshire citizens and law
enforcement officers by authorizing capital punishment in
certain circumstances, consistent with the New Hampshire
constitution and decisions of the supreme court.
Amend the bill by striking out all after the enacting clause
and inserting in place thereof the following:
1 Capital Murder. Amend RSA 630: 1 (supp) as inserted
by 1971, 518:1 by striking out said section and inserting in
place thereof the following:
630: 1 Capital Murder.
I. A person is guilty of capital murder if he:
(a) Purposely causes the death of another; or
(b) Knowingly causes the death of
(1) A law enforcement officer acting in the line of duty;
(2) Another before, after, ^vhile engaged in the commis-
sion of, or while attempting to commit rape as defined in RSA
632:1 or deviate sexual relations as defined in RSA 632:2, I;
(3) Another before, after, while engaged in the commis-
298 House Journal, 27Mar74
sion of, or while attempting to commit kidnapping as that of-
fense is defined in RSA 633: 1 ;
(4) Another before, after, while engaged in the commis-
sion of, or while attempting to commit robbery or burglary
while armed with a deadly weapon, the death being caused by
the use of such weapon;
(5) Another in perpetrating or attempting to perpetrate
arson as defined in RSA 634: 1, 1, II, or III;
(6) Another for his personal pecuniary gain after having
been criminally solicited to cause said death by any person:
(7) The president or president-elect or vice-president or
vice-president-elect of the United States, the governor or gover-
nor-elect of New Hampshire or any state or any member or
member-elect of the congress of the United States, or any candi-
date for such office after such candidate has been nominated at
his party's primary, when such killing is motivated by knoAvl-
edge of the foregoing capacity of the victim.
II. For the purpose of RSA 630:1, I (a), "purposely" shall
mean that the actor's conscious object is the death of another,
and that his act or acts were wilful and in furtherance of that
object.
III. As used in this section, a "law enforcement officer" is a
sheriff or deputy sheriff of any county, a state police officer, a
constable or police officer of any city or town, an official or em-
ployee of any prison, jail or corrections institution, or any other
local, state or federal official Avhose duties include enforcement
of the criminal law.
IV. A person convicted of a capital murder shall be pun-
ished by death.
V. As used in this section and RSA 630:2, 3, 4, and 5, the
meaning of "another" does not include a foetus.
2 Non-Capital Murder. Amend RSA 630 (supp) as in-
serted by 1971, 518:1 by inserting after section 1 the following
new section:
630: 1-a Non-Capital Murder.
I. A person is guilty of a non-capital murder if:
(a) He knowingly causes the death of another, or
House Journal, 27Mar74 299
(b) He causes such death recklessly under circumstances
manifesting an extreme indifference to the value of human life.
Such recklessness and indifference are presumed if the actor
causes the death by the use of a deadly weapon in the com-
mission of, or in an attempt to commit, or in immediate flight
after committing or attempting to commit any class A felony.
II. Non-capital murder shall be punishable by imprison-
ment for life for such term as the court may order.
3 Manslaughter. Amend RSA 630:2 (supp) , as inserted by
1971, 518:1 by striking out said section and inserting in place
thereof the following:
630:2 Manslaughter.
I. A person is guilty of a class A felony when he causes the
death of another
(a) Under the influence of extreme mental or emotional
disturbance caused by extreme provocation but which Avould
otherwise constitute murder; or
(b) Recklessly.
4 Bail in Capital Murder Cases. Amend RSA 597: 1 (supp) ,
as amended, by striking out in line one the words "capital of-
fenses" and inserting in place thereof the folloAving (offenses
punishable by death) so that said section as amended shall read
as follows:
597:1 When Allowed. Except for offenses punishable by
death where the proof is evident or the presumption is great,
all persons arrested for crime shall, before conviction, be re-
leased on personal recognizance or be bailable by sufficient sure-
ties, whichever justice may require.
5 Challenges in Capital Murder Cases; Defendant. Amend
RSA 606:3, as amended, by striking out in line two the words
"which may be" so that said section as amended shall read as
follows:
606:3 Challenges, Defendant. Every person arraigned and
put on trial for an offense punishable by death, unless he stand
wilfully mute, may, in addition to challenges for cause, peremp-
torily challenge twenty, and in any other case the accused may
so challenge three, of the jurors.
300 House Journal, 27Mar74
6 Challenges in Capital Murder Cases; State. Amend RSA
606:4, as amended, by striking out in line one the words "which
may be" so that said section as amended shall read as follows:
606:4 Challenges, State. Upon the trial of any offense pun-
ishable by death, the state, in addition to challenges for cause,
shall be entitled to ten, and in any other case to three, peremp-
tory challenges.
7 Release From Life Sentence. Amend RSA 651:45-a
(supp) , as inserted by 1973, 370:38, by inserting in line three
after the word "nature" the following (and committed prior to
November 1, 1973) so that said section as amended shall read as
follows:
651:45-a Eligibility for Release; Life Sentences. A prisoner
serving a sentence of life imprisonment, except one convicted
of murder which was psycho-sexual in nature and committed
prior to November 1, 1973, may be given a like permit at any
time after having served eighteen years which shall be deemed
the minimum term of his sentence for the purposes of this sec-
tion, minus any credits earned under the provisions of RSA
651:55-a, 55-b, and 55-c, provided it shall appear to said board
to be a reasonable probability that he will remain at liberty
without violating the law and ^vill conduct himself as a good
citizen.
8 Eligibility for Parole; Persons Convicted of Psycho-sexual
Murder. Amend RSA 651:45-b (supp), as inserted by 1973,
370:38, by inserting in line two after the word "nature" the
following (and committed prior to November 1, 1973) so that
said section as amended shall read as follows:
65L45-b Eligibility for Parole; Persons Convicted by Psy-
cho-sexual Murder. A prisoner serving a sentence of life im-
prisonment who has been convicted of murder which was psy-
cho-sexual in nature and committed prior to November 1, 1973
shall not be eligible for parole until he shall have served forty
years minus any credits earned under the provisions of RSA
651:55-a, 55-b, and 55-c and until the board shall recommend to
the superior court that said prisoner should be released on
parole. The superior court shall have a hearing on the recom-
mendation of the board at which all interested parties, includ-
ing the attorney general, may appear and present evidence. If it
shall appear to the superior court after said hearing that there
House Journal, 27Mar74 301
is a reasonable probability that the prisoner Vv^ill remain at
liberty without violating the law and will conduct himself as a
good citizen, the court may order him released on parole with
such conditions as it may deem just.
9 Psycho-sexual Murder Certified. Amend RSA 65I:45-c
(supp) , as inserted by 1973, 370:38, by inserting in line two
after the word "murder" the following (committed prior to
November 1, 1973) so that said section as amended shall read as
follows:
651:45-c Psycho-sexual murder Certified. Whenever any
person is convicted of murder, committed prior to November 1 ,
1973, the presiding justice shall certify, at the time of sentencing,
whether or not such murder was psycho-sexual in nature.
10 Death Sentences. Amend RSA 630 by inserting after
section 4 the following new sections:
"o
630:5 Form. Where penalty of death is imposed the sen-
tence shall be, that the defendant be imprisoned in the state
prison at Concord until the day appointed for his execution,
which shall not be within one year from the day sentence is
passed, and that he shall be then hanged by the neck until he is
dead.
630:6 Place; Witnesses. The punishment of death shall be
inflicted within the walls or yard of the state prison. The sheriff
of the county in which the person was convicted, and two of his
deputies, shall be present, unless prevented by unavoidable
casualty. He shall request the presence of the attorney general
or country attorney, clerk of the court and a surgeon, and may
admit other reputable citizens not exceeding twelve, the rela-
tions of the convict, his counsel and such priest or clergyman
as he may desire, and no others.
11 Rights of Accused in Capital Murder Cases. Amend
RSA 604: 1 (supp) , as amended, by striking out in lines one
and two the words "a felony the punishment of which may be
death" and inserting in place thereof the following (an offense
punishable by death) so that said section as amended shall read
as follows:
604:1 Capital Cases. Every person indicted for an offense
punishable by death shall be entitled to a copy of the indict-
ment before he is arraigned thereon; to a list of the witnesses to
302 House Journal, 27Mar74
be used and of the jurors returned to serve on the trial, with the
place of abode of each, to be delivered to him twenty-four hours
before the trial; and to process from court to compel witnesses
to appear and testify at the trial. Provided, however, the justice
presiding at the trial may admit the testimony of any witness
whose name and place of abode is not on the list hereinbefore
provided for upon such notice to the respondent as he, the pre-
siding justice, shall direct whenever in his discretion he deems
such action will promote justice.
12 Repeal. RSA 585:1 through 6, as amended, relative to
homicide and offenses against the person, are hereby repealed.
13 Effective Date. This act shall take effect upon its passage.
Rep. H. Gwendolyn Jones explained the committee re-
port.
(discussion)
Rep. Twigg moved that the report of the minority, ought
to pass with amendment, be substituted for the majority report,
ought to pass, and spoke in favor of his motion.
Reps. McManus, Nighswander, Close, Orcutt, Fortier, and
Frizzell spoke against the motion.
Reps. Joseph L. Cote, Pryor, Patrick, T. Anne Webster,
Read, Charles B. Roberts, Daniel J. Healy, Lyons, Rock, Gor-
man, Clark and Richard L. Bradley spoke in favor of the mo-
tion.
Reps. Gerry F. Parker, Cobleigh, Record, and Curran non-
spoke in favor of the minority report.
QUORUM COUNT
A quorum count was requested.
309 members having answered, a quorum was declared
present.
Rep. Joseph L. Cote requested a roll coll.
Seconded by Reps. T. Anne Webster, Read, Clark, James
W. Murray, Pryor, Lebel, Parnagian, Twardus, Lesmerises,
Myrl R. Eaton, Soule, Thibeault, Kashulines, Rowell, Buck-
man, Skinner and Metcalf.
House Journal, 27Mar74 303
ROLL CALL
YEAS: 201 NAYS: 101
YEAS
Hillsborough County:
Eaton, Joseph M., Withington, Murray, Fred E., Karnis,
Eaton, Clyde S., Heald, Philip C, Warren, E. George, Archam-
bault. Knight, Roy, Antonio J., Nelson, Bragdon, Brown, G.
Winthrop, Carter, Coburn, Langdell, Carswell, Dwyer, Lyons,
Alukonis, Nutting, Polak, Ethier, McLaughlin, Rock, Cobleigh,
Record, Belcourt, Winn, John T., Winn, Cecelia L., Charest,
Desmarais, Lachance, Gabriel, Lefebvre, Migneault, Boisvert,
Mason, Ouellette, Lebel, Ainley, Milne, Ackerson, Bourassa,
Murphy, Bruton, Cote, Joseph L., Cullity, Dupont, Healy,
Daniel J., Clancy, Drewniak, MacDonald, Thibeault, P. Robert,
Burke, Grady, O'Connor, Timothy K., D'Allesandro, Lynch,
Martineau, Bernier.
Merrimack County:
Bigelow, Chandler, Deoss, Hanson, Enright, Rice, Ga-
mache, Gordon, George E., Bartlett, Mattice, Thompson, Doris
L., Wiggin, Elmer S., Humphrey, James A., Fisher, Gate, Davis,
Alice, Harriman, Noble.
Rockingham County:
King, Stimmell, Davis, Roy W., Wilson, Helen F., Boucher,
William P., Kashulines, Skinner, Soule, Thibeault, George J.,
Barka, Gorman, MacGregor, Read, Campbell, Sayer, Spollett,
Webster, Clarence L., Cummings, Vey, Erler, Goodrich, Simard,
Tavitian, Rogers, Hamel, Akerman, Cunningham, Parr, Brown,
Benjamin A., Collishaw, Eastman, Junkins, Page, Wolfsen,
Stevens, Elliot A., Hammond, Maynard, Palfrey, Griffin, Dame,
McEachern, Joseph A., Connors, Hodgdon.
Strafford Count\':
Dawson, Harvey, Rowell, Tirrell, Joncas, Bouchard, Ma-
loomian, Chasse, Peter N., Tibbetts, Ruel, Winkley, Gagnon,
Arthur, Leighton, Donnelly, Kincaid, Parnagian, Peabody,
Pray.
Sullivan County:
Barrus, Rousseau, Roy, Mary R., Spaulding, Roma A.,
Burrows, Lewko, Scott, Olden, Wiggins, George L
304 House Journal, 27Mar74
Belknap County:
French, Lawton, Matheson, Marsh, Roberts, Charles B.,
Twigg, Maguire, Murray, James W.
Carroll County:
Howard, Donalda K., Conley, Davis, Dorothy W., Webster,
T. Anne.
Cheshire County:
Galloway, Johnson, Elmer L., Whipple, Marshala, Savage,
Forcier, Gordon, Anne B., Turner, Raymond, Ames, Streeter,
Drew.
Coos County:
Huggins, Metcalf, Bushey, Hunt, Drake, Burns, Richard-
son, Mabel L., Kidder, Victor L., Pryor, Gagnon, Rebecca.
Grafton County:
Curran, Tilton, Stevenson, Fimlaid, Bradley, Richard L.,
Clark, Jones, Anthony K., Mann, Ezra B., Anderson, Fayne E.,
Altman, Buckman, Harrison, Gemmill, Bell, Krainak, Du-
haime, Eaton, Myrl R., Townsend, Madeline G.
NAYS
Hillsborough County:
Colburn, Thomson, Harold E., Orcutt, Perkins, Arnold
B., Harvell, Van Loan, Spalding, Kenneth W., Hall, Geiger,
Bergeron, Smith, Leonard A., Currier, Richardson, John W.,
Parker, Gerry F., Zechel, Tropea, Woodruff, Cote, Margaret
S., McGlynn, Wilcox, Horan, Nardi, Spirou, Shea, Gelinas,
O'Neil, Dorthea M., Gillmore, Normand.
Merrimack County:
Thompson, Arthur E., Sherman, Parker, Harry C, Goff,
John B., Boucher, Laurent J., Cushman, Kopperl, Haller, Mc-
Lane, Jones, H. Gwendolyn, Tarr, Rich, Underwood, Wilson,
Ralph W., Howard C, Edwin, Hager.
Rockingham County:
Gibbons, Roy, Vesta M., Sanborn, Schwaner, Scamman,
Weeks, Greene, Lockhart, Splaine, McEachern, Paul.
Strafford County:
Beckett, Dudley, Plumer, Hebert, Tanner, Thompson,
Barbara C, Preston, Tripp, Bernard, O'Connor, Roderick H.,
Lessard, McManus.
House Journal, 27Mar74 305
Sullivan County:
Townsend, Sara M., Tucker, Brodeur, Frizzell, William-
son.
Belknap County:
Nighswander, Wuelper, Bowler, Roberts, George B.,
Hood, Hildreth.
Carroll County:
Duprey, Chase, Claflin.
Cheshire County:
Stevens, Anthony, O'Neil, James E., Ladd, Milbank, Nims,
Cooke, Close, Scranton.
Coos County:
Patrick, Oleson, Fortier, Brungot, Theriault.
Grafton County:
Gallen, Jones, Albert C, Webb, Bradley, David J., Nutt,
Chambers, Copenhaver, Symons.
Reps. D'Amante, Mary Sullivan, Twardus, Southwick,
Hoar, Boisse, Daniels and Seamans wish to be recorded in favor
of the motion to substitute the minority report.
QUORUM COUNT
Rep. T. Anne Webster requested a quorum count.
297 members having answered, a quorum was declared
present.
Rep. Twigg questioned the adequacy of the count in Div-
ision 2.
Division 2 — 75.
The motion to substitute the report of the minority for
the majority report on SB 27 carried.
Rep. McManus offered an amendment.
The clerk read the amendment in full.
Rep. Nelson challenged the admissability of the amend-
ment.
The Speaker ruled the amendment presented by Rep. Mc-
306 House Journal, 27Mar74
Manus out of order in view of the House tradition requiring
seven copies of an amendment.
Rep. George B. Roberts, Jr. moved that further action on
SB 27 be deferred to allow Rep. McManus to secure the proper
number of copies of his amendment and spoke in favor of his
motion.
Rep. Daniel J. Healy and Stevenson spoke in favor of the
motion.
(discussion)
Rep. McManus withdrew his amendment.
Rep. Twigg moved that Rep. Roberts' motion be laid on
the table.
Motion laid on the table.
SB 27 ordered to third reading.
(Speaker in the Chair)
RECESS
AFTER RECESS
ENROLLED BILLS REPORT
HB 27, relative to amending certain provisions of the Off
Highway Recreational Vehicle Law, RSA 269-C.
HB 30, relative to the civil commitment procedures in the
probate courts and detention and discharge procedures for the
mentally ill.
HB 32, relative to the commission and taxes on pari-mu-
tuel pools at dog tracks.
Mabel L. Richardson
For The Committee
ENROLLED BILLS AMENDMENT
HB 7, permitting municipalities to establish, acquire,
maintain and operate public transportation facilities in coop-
eration with governmental units of adjoining states; permit-
ting broader cooperation in furnishing of municipal services;
and permitting cities and towns to appropriate money for group
homes.
House Journal, 27Mar74 307
AMENDMENT
Amend section 2 of said bill by striking out lines four, five
and six and inserting in place thereof the following:
XV. The establishment or acquisition and maintenance
and operation, or contracting for the maintenance and opera-
tion of any public transportation system and related facilities
for the transportation of passengers.
The clerk read the amendment in full.
Adopted.
SENATE MESSAGES
CONCURRENCE SB WITH HOUSE
AMENDMENT
SB 4, relative to penalties and forfeitures for noncompli-
ance with sewage and waste disposal rules and regulations of
the water supply and pollution control commission.
SB 24, authorizing cities and towns to grant franchises for
cable television systems.
SB 12, to further protect the rights of mobile home owners
by requiring that mobile home park owners and operators state
the rules and regulations of the park in writing and provide all
tenants with copies of the rules and to encourage the construc-
tion of mobile home parks by not prohibiting the so-called
"first sale" restriction in a new park.
SB 8, relative to the distribution of testate property follow-
ing waiver of a will by surviving spouse and relative to the form
of notice given for termination of parental rights.
SB 22, establishing a study committee to develop a plan to
provide public assistance to private institutions of higher learn-
ing in this state and relating to the Lafayette Regional School
District and Bethlehem School District.
CONCURRENCE
HCR 7, establishing a joint committee to study federal
funding from the administration on aging.
CHANGE OF HOUSE CONFEREE
HB 18, Rep. Spirou replacing Rep. Sununu.
308 House Journal, 27Mar74
SENATE MESSAGE
CONCURRENCE HB WITH SENATE
AMENDMENT
HB 5, relative to the office of energy administrator.
(Amendment printed in SJ March 20)
Rep. McLane moved that the House nonconcur in the
Senate amendment and that a Committee of Conference be es-
tablished.
(discussion)
Rep. George E. Gordon spoke in favor of the motion.
Rep. Daniell spoke against the motion.
Adopted.
The Speaker appointed Reps. Arthur F. Mann, Bigelow,
Mattice, Cushman, and Hildreth.
CONCURRENCE HB WITH SENATE
AMENDMENT
HB 29, relative to tuition payments for handicapped chil-
dren; amending the appropriation for same; defining a handi-
capped child as a person up to the age of twenty-one; and pro-
viding for educational and other expenses in public institutions.
(Amendment printed in SJ March 26)
Rep. French moved that the House nonconcur in the
Senate amendment and that a committee of conference be
established.
Adopted.
The Speaker appointed Reps. French, Raymond, Rock,
Chambers and Cotton.
CONCURRENCE HB WITH SENATE
AMENDMENT
HB 11, to increase the salaries of state classified employees
and employees of the university system and providing differen-
tial pay to classified prison employees and correctional psychi-
atric aides at the New Hampshire Hospital and making appro-
priations therefor.
House Journal, 27Mar74 309
(Amendment printed SJ March 26)
Rep. Drake moved that the House nonconcur in the Senate
amendment and that a committee of conference be established.
Adopted.
The Speaker appointed Reps. McLane, Gallen, Weeks,
William F. Kidder and Belcourt.
CONCURRENCE HB WITH SENATE
AMENDMENT
HB 17, increasing the mileage rate for all state employees
using privately owned passenger vehicles and making an appro-
priation therefor.
Rep. Drake moved that the House concur in the Senate
amendment.
(Amendment printed SJ March 26)
Adopted.
CONCURRENCE HB WITH SENATE
AMENDMENT
HB 1, making supplemental appropriations for expenses
of certain departments of the state for the fiscal years ending
June 30, 1974 and June 30, 1975 and making other budgetary
changes.
Rep. Drake moved that the House noncur in the Senate
amendment and that a committee of conference be established.
Adopted.
The Speaker appointed Reps. Drake, Ferguson, Scamman,
McGinness and John W. Richardson.
The Speaker called for the special order on:
HB 19, increasing the amount of political expenditures
authorized for candidates in primary and general elections
seeking the office of governor, U. S. senator, representative in
congress, governor's councilor, county officer, state senator, or
representative to the general court.
The question is: Shall the bill pass notwithstanding the
governor's veto.
310 House Journal, 27Mar74
Reps. Lawton, McLane, Spirou, George B. Roberts, Jr.,
Currier, Chase and Zachos spoke in favor of overriding the
Governor's veto.
Reps. Fred E. Murray, Close, Bernier and Gelinas non-
spoke in favor of overriding the Governor's veto.
Reps, Cate, Barrus, Sayer, Twigg, Coutermarsh, Gerry F.
Parker, Daniell, Joseph L. Eaton, Albert C. Jones, Stevenson,
Nelson, Plourde, Brungot and Chandler spoke in favor of sus-
taining the Governor's veto.
Reps. Donnelly, Rice, Turner, Connors, Forcier, Tony
Smith, Curran, Tripp, Preston, Polak, Winkley, Colby, Fortier
and George E. Gordon non-spoke in favor of sustaining the
Governor's veto.
(discussion)
ROLL CALL
YEAS: 146 NAYS: 180
YEAS
Belknap County:
French, Lawton, Matheson, Nighswander, Wuelper, Hood,
Bowler, Roberts, Charles B., Roberts, George B., Hildreth,
Sabbow.
Carroll County:
Duprey, Chase, Claflin, Allen.
Cheshire County:
Stevens, Anthony, Ladd, McGinness, Gordon, Anne B.,
Milbank, Raymond, Cooke, Close, Nims, Scranton.
Coos County:
Hunt, Drake, Burns, Oleson.
Grafton County:
Gallen, Fimlaid, Mann, Ezra B., Altman, Bell, Webb, Brad-
ley, David J., Copenhaver, Nutt, Townsend, Madeline G.
Hillsborough County:
Mann. Arthur F., Murray, Fred E., Colburn, Orcutt, Van
Loan, Harvell, Brown, G. Winthrop, Spalding, Kenneth W.
Carter, Ferguson, Hall, Nutting, Smith, Leonard A. Currier,
House Journal, 27Mar74 311
Richardson, John W., Zechel, Belcourt, Woodruff, Cote, Mar-
garet S., Winn, John T., Winn, Cecelia L., Gabriel, McGlynn,
Ainley, Daniels, Zachos, Horan, Nardi, Spirou, Shea, Dupont,
Drewniak, Sullivan, Mary J., Gelinas, O'Neil Dorthea M.,
Burke, O'Connor, Timothy K., Gillmore, Lynch, Normand.
Merrimack County:
Kidder, William F., Sherman, Bigelow, Parker, Harry C,
Hanson, Goff, John B., Cushman, Thompson, Doris L., Wig-
gin, Elmer S., Burleigh, Gate, Haller, Davis, Alice, McLane,
Newell, Tarr, Rich, Underwood, Harriman, Wilson, Ralph W.,
Howard, C. Edwin, Woodward, Hager, Noble.
Rockingham County:
Stimmell, Gibbons, Campbell, Roy, Vesta M., Spollett,
Sanborn, Simard, Tavitian, Hamel, Brown, Benjamin A., Colli-
shaw, Eastman, Junkins, Page, Scamman, Wolfsen, Stevens, El-
liot A., Weeks, Greene, Lockhart, Maynard, Griffin, Cotton,
McEachern, Joseph A., Connors, McEachern, Paul.
Strafford County:
Beckett, Dudley, Plumer, Herbert, Meserve, Thompson,
Barbara C, Leighton, O'Connor, Roderick H., Lessard, Pea-
body.
Sullivan County:
Townsend, Sara M., Tucker, Burrows, Lewko, Scott, Friz-
zell. Olden.
NAYS
Belknap County:
Maguire, Murray, James W., T-wigg, Marsh.
Carroll County:
Howard, Donalda K., Conley, Davis, Dorothy W., Web-
ster, T. Anne.
Cheshire County:
Galloway, Johnson, Elmer L., Whipple, Marshala, Savage,
Forcier, Yardley, Turner, Ames, Streeter, Drew.
Coos County:
Huggins, Metcalf, Patrick, Bushey, Kidder, Victor L., For-
tier, Pryor, Brungot, Lemire, George, Gagnon, Rebecca, Theri-
ault.
312 House Journal, 27Mar74
Grafton County:
Curran, Tilton, Stevenson, Bradley, Richard L., Clark,
Jones, Anthony K., Anderson, Fayne E., Jones, Albert C, Buck-
man, Harrison, Gemmill, Krainak, Chambers, Duhaime, Ea-
ton, Myrl R.
Hillsborough County:
Eaton, Joseph M., Humphrey, Howard S., Withington,
Karnis, Eaton, Clyde S., Heald, Philip C, Warren, E. George,
Thomson, Harold E., Archambault, Knight, Roy, Antonio J.,
Perkins, Arnold B., Nelson, Bragdon, Coburn, Langdell, Cars-
well, Dwyer, Geiger, Lyons, Alukonis, Bednar, Polak, Sea-
mans, Ethier, McLaughlin, Rock, Cobleigh, Parker, Gerry F.,
Record, Tropea, Charest, Desmarais, Lachance, Lefebvre, Bois-
vert. Mason, Ouellette, Wilcox, Coutermarsh, Lebel, Ackerson,
Bourassa, Murphy, Bruton, Cote, Joseph L., Cullity, Healy,
Daniel J., Clancy, Gardner, Thibeault, P. Robert, Grady,
D'Allesandro, Sweeney, Lemire, Armand R., Levasseur, Mar-
tineau.
Merrimack County:
Thompson, Arthur E., Chandler, Deoss, Boucher, Laurent
J., Enright, Rice, Gordon, George E., Plourde, Bartlett, Kop-
perl, Mattice, Humphrey, James A., Daniell, Fisher.
Rockingham County:
King, Benton, Davis, Roy W., Wilson, Helen F., Boucher,
William P., Kashulines, Skinner, Soule, Thibeault, George J.,
Barka, Gorman, MacGregor, Read, Belair, DeCesare, Goff, Eliz-
abeth E., Sayer, Sununu, Webster, Clarence L., Cummings, Vey,
Erler, Goodrich, Hoar, Schwaner, Rogers, Akerman, Cunning-
ham, Parr, Twardus, Hammond, Splaine, Dame, Hodgdon,
Keefe.
Strafford County:
Dawson, Harvey, Colby, Rowell, Tirrell, Joncas, Bouchard,
Maloomian, Chasse, Peter N., Tanner, Tibbetts, Ruel, Winkley,
Preston, Tripp, Boisse, Bernard, Donnelly, Kincaid, Parnagian,
Pray.
Sullivan County:
Barrus, Rousseau, Roy, Mary R., Spaulding, Roma A.,
Brodeur, D'Amante, Wiggins, George L, Williamson.
PAIR
Rep. Ellis voting yes; Rep. McManus voting no.
House Journal, 27Mar74 313
Failing to get the necessary two-thirds, the Governor's veto
on HB 19 was sustained.
Rep. Southwick wished to be recorded as voting "yes" on
Governor's veto on HB 19.
Rep. Palfrey wished to be recorded as voting "no" on Gov-
ernor's veto on HB 19.
SENATE MESSAGE
CONCURRENCE
HB 36, permitting the sale of milk in three quart con-
tainers.
HB 37, to provide for the repeal of the law tending to pro-
hibit hitchhiking.
HB 13, repealing the termination date of RSA 357-B.
SUSPENSION OF RULES
Rep. Zachos moved that the Rules of the House be so far
suspended as to place the following Senate Bills on third read-
ing and final passage by title only at the present time.
Adopted by the necessary two-thirds.
Third reading and final passage
SB 20, providing for regulation of franchise agreements
for the sale of gasoline and requiring the posting of motor fuel
prices.
SB 27, to better protect the safety of New Hampshire citi-
zens and law enforcement officers by authorizing capital punish-
ment in certain circumstances, consistent with the New Hamp-
shire constitution and decisions of the Supreme Court.
Rep. T. Anne Webster suggested that Rep. Twigg be ap-
pointed to the committee of conference on SB 27 to better pro-
tect the safety of New Hampshire citizens and law enforcement
314 House Journal, 27Mar74
officers by changing penalties for homicide in certain circum-
stances, if a conference committee is established, and spoke in
favor of her suggestion.
Reps. Zachos, Spirou, Daniel J. Healy and Sara M. Town-
send spoke against the suggestion.
Reps. George E. Gordon and Mary J. Sullivan spoke in
favor of the suggestion.
Rep. Webster spoke a second time in favor of her sug-
gestion.
(Deputy Speaker in the Chair)
Rep. James E. O'Neil spoke against the suggestion.
Suggestion lost.
COMMITTEE REPORTS CONTINUED
SB 7
relative to capital improvements to the Mount Washington
summit and making an appropriation therefor. Ought to pass
with amendment. Rep. Drake for Appropriations.
AMENDMENT
Amend the bill by striking out sections 2, 3, and 4 and in-
serting in place thereof the following:
2 Mount Washington Bonds Authorized. To provide funds
for the appropriation made in section 1 of this act, the state
treasurer is hereby authorized to borrow upon credit of the
state not exceeding the sum of two million nine hundred
seventy-three thousand dollars and for said purpose may issue
bonds and notes in the name and on behalf of the state of New
Hampshire in accordance with the provisions of RSA 6-A. The
amount of bonds to be issued shall be reduced by total of gifts,
grants or donations from sources other than the state. No bonds
authorized in this section shall be issued prior to January 15,
1975, and then only with the specific authority of the Governor
and Council for the purposes set forth in section 4 of this act.
3 Mount Washington Fund. Amend RSA 227-B by insert-
ing after section 8 the following new section:
227-B:9 Mount Washington Fund. There is hereby estab-
House Journal, 27Mar74 315
lished in the office of the state treasurer a fund to be known as
the Mount Washington fund which shall be kept separate and
distinct from all other funds. Such fund shall be the depository
of all fees received from the commission pursuant to RSA 227-
B:6, III and all gifts, grants or donations made to the commis-
sion pursuant to RSA 227-B:8. From such fund shall be paid
the expenses of the commission plus the principal and interest
on any bonds which may be issued in the name of the state for
the purpose of capital improvements to the summit. Any monies
in such fund shall not lapse into the general fund of the state
until the fund balance equals the total bonds, interest and
charges outstanding.
4 Construction Authorized. Amend RSA 227-B:6, IV (supp)
as inserted by 1969, 427:1 by striking out said paragraph and
inserting in place thereof the following:
IV. Supervise the work done on capital improvements au-
thorized by the General Court for Mount Washington. The
Governor and Council to authorize the carrying out of the
capital improvements to the Mount Washington summit au-
thorized by the general court in a manner consistent with the
ten-year master plan prepared by the commission when said
commission can certify it has raised or accounted for one million
dollars or more in gifts, grants or donations from sources other
than the state.
Rep. Cunningham non-spoke in favor of the amendment.
Rep. Lessard non-spoke against the amendment.
Reps. Curran and Clark spoke against the amendment.
Rep. Hall expressed Rep. Boyd's objections to the amend-
ment.
Reps. Oleson, Rock and Victor L. Kidder spoke in favor of
the amendment.
Rep. Drake explained the committee report.
Amendment adopted.
Ordered to third reading.
SB 10
establishing a sire stakes program and a standardbred
316 House Journal, 27Mar74
breeders and owners development agency. Ought to pass with
amendment. Rep. Drake for Appropriations.
AMENDMENT
Amend RSA 426-A:5 as inserted by section 1 of the bill
by striking out said section and inserting in place thereof the
following:
426-A:5 Sire Stakes Fund. There is hereby established a
fund within the department of agriculture, to be known as the
sire stakes fund, which shall be kept separate and distinct from
all other funds appropriated to such department. All revenue
received pursuant to the provisions of this chapter and RSA
284:22, II, shall be deposited in the sire stakes fund, which
shall be non-lapsing. Said funds are hereby continually appro-
priated for the payment of awards and the costs of administer-
ing the provisions of this chapter, including the remuneration
of the expenses of the board, and shall be disbursed by the
commissioner of agriculture or his delegate. The state treasur-
er upon the certification of the commissioner of agriculture
or his delegate and with the approval of the board of trustees,
shall make payment to the designated harness track for reim-
bursement of such funds as are paid by said track as the award
for an approved sire stakes race. The commissioner of agricul-
ture shall file a report annually with the state treasurer setting
forth an itemization of all deposits to, and disbursements from,
said sire stakes fund.
Further amend the bill by striking out all after section 1
and inserting in place thereof the following:
2 Payment to Sire Stakes Fund. Amend RSA 284:22, II
(supp) , as amended, by striking out said paragraph and insert-
ing in place thereof the following:
II. The commission on such pools at tracks or race meets
at which harness races are conducted for public exhibition, in-
cluding those conducted by agricultural fairs, shall be uniform
throughout the state at the rate of nineteen percent of each
dollar wagered plus the odd cents of all redistribution to be
based upon each dollar wagered exceeding a sum equal to the
next lowest multiple of ten, known as "breakage", one-half
of which breakage shall be retained by the licensee in addition
to the commission above provided, and the balance of such
House Journal, 27Mar74 317
breakage shall be paid to the state treasurer three-fourths of
said balance for the use of the state in accordance with the pro-
visions of RSA 284:2, the remaining one-fourth of the balance
to be deposited in the sire stakes fund established by RSA 426-
A:5. Each licensee shall pay the tax provided for in RSA 284:-
23.
3 Appropriation. There is hereby appropriated the sum
of fifteen thousand dollars for the fiscal year ending June 30,
1975 for the purposes of this act. The governor is authorized
to draw his warrant for the sum hereby appropriated out of
any money in the treasury not otherwise appropriated.
4 Effective Date.
I. Section 2 of this act shall take effect on July 1, 1975.
II. The remainder of this act shall take effect on July 1,
1974.
Rep. Read spoke against the amendment.
Rep. Drake explained the committee report.
(discussion)
Rep. Plourde spoke against the amendment.
Reps. Raymond and Daniell spoke in favor of the amend-
ment.
Rep. Curran non-spoke against the amendment.
Rep. Plourde spoke a second time against the amendment.
Rep. Cobleigh moved the previous question.
Sufficiently seconded.
Adopted.
Amendment adopted.
Rep. Plourde offered an amendment.
The clerk read the amendment in full.
Rep. Plourde spoke in favor of his amendment.
(discussion)
Rep. Drake spoke against the Plourde amendment.
Plourde amendment lost.
Ordered to third reading.
318 House Journal, 27Mar74
SUSPENSION OF RULES
Rep. Chase moved that the Rules of the House be so far
suspended as to place the following Senate Bills on third read-
ing and final passage by title only at the present time.
Adopted by the necessary tAvo-thirds.
SB 7, relative to capital improvements to the Mount Wash-
ington summit and making an appropriation therefor.
SB 10, establishing a sire stakes program and a standard-
bred breeders and owners development agency.
RECESS
AFTER RECESS
SENATE MESSAGES
ACCEDED REQUEST FOR COMMITTEE
OF CONFERENCE
HB 5, relative to the office of energy administrator.
The President appointed Sens. Poulsen, Lamontagne and
Green.
HB 11, to increase the salaries of state classified employees
and employees of the university system and providing differen-
tial pay to classified prison employees and correctional psychi-
atric aides at the New Hampshire state hospital and making
appropriations therefor.
The President appointed Sens. Trowbridge, Provost and
Green.
HB 29, relative to tuition payments for the definitions of
handicapped persons under the age of twenty-one and amend-
ing the appropriation for same and educational expenses in
public institutions.
The President appointed Sens. Green, Downing and Ste-
phen W. Smith.
HB 18, requiring local approval prior to approval of site
plans for oil refineries.
House Journal, 27Mar74 319
The President appointed Sens. Porter, Preston and John-
son.
HB 1, making supplemental appropriations for expenses
of certain departments of the state for the fiscal years ending
June 30, 1974 and June 30, 1975 and making other budgetary
changes.
The President appointed Sens. Trowbridge, Foley and
Green.
HB 2, making appropriations for capital improvements.
The President appointed Sens. Trowbridge, Blaisdell and
Sanborn.
HB 33, relative to the Winnipesaukee River Basin Control.
The President appointed Sens. Porter, Claveau and Gard-
ner.
HB 35, An act providing for twenty years retirement for
members of group II under the New Hampshire Retirement
System, permitting the transfer of members of the New Hamp-
shire Firemen's Retirement System and of the New Hampshire
Policemen's Retirement System into the New Hampshire Re-
tirement System and making an appropriation therefor.
The President appointed Sens. Trowbridge, Blaisdell and
Green.
CONCURRENCE SB WITH HOUSE AMENDMENT
SB 20, providing for regulation of franchise agreements
for the sale of gasoline and requiring the posting of motor fuel
prices.
CONCURRENCE HB WITH SENATE
AMENDMENT
HB 21, relative to the duties of the state board of educa-
tion and prohibiting the expenditure of public moneys in non-
public schools unless said schools have program approval by the
department of education.
320 House Journal, 27Mar74
Rep. French moved that the House concur in the Senate
amendment.
(Amendment printed SJ March 27)
Adopted.
COMMITTEE REPORTS CONTINUED
SB 26
providing for retirement benefits for supreme and superior
court justices. Ought to pass with amendment. Rep. Drake for
Appropriations
AMENDMENT
Amend the bill by striking out section 3 and inserting in
place thereof the following:
3 Any benefits that may become due under the provisions
of this act through July 1, 1975 shall be a charge against funds
not otherwise appropriated. The governor is authorized to
draw his warrant for said sums out of any money in the trea-
sury not otherwise appropriated.
4 Effective Date. This act shall take effect on its passage.
Amendment adopted.
Ordered to third reading.
House Resolution requesting an advisory opinion from
the Attorney General relative to manpower training and other
federal programs. Ought to be adopted. Rep. Madeline G.
Townsend for Municipal and County Government.
Statutes require that the Legislature request opinions from
the Attorney General, through the means of a resolution.
Only two counties, Hillsborough and Rockingham, would
be eligible to administer "manpower training programs",
by virtue of population of over 100,00, if proven eligible.
The Attorney General is requested to furnish a ruling as to
county eligibility to receive and administer funds for the
"Federal Manpower Training Program."
Resolution adopted.
House Journal, 27Mar74 321
SB 21
establishing a commission on children and youth. Refer to
an interim study committee. Rep. Elizabeth E. Goff for Public
Health and Welfare.
Because of objections to the bill raised at the public hear-
ing and because committee members were concerned about
protecting confidentiality of children's records, it was de-
cided to refer this bill to an interim study committee.
Referred to the committee on Public Health and Welfare
for interim study.
SUSPENSION OF RULES
Rep. Drake moved that the rules of the House be so far
suspended as to dispense with advertising in Calendar on SB 3,
changing the compensation of certain state law enforcement
employees and fees of witnesses, and to permit the bill to be
taken up at the present time.
Adopted by the necessary two-thirds.
COMMITTEE REPORTS CONTINUED
SB 3
changing the compensation of certain state law enforce-
ment employees and fees of witnesses. Ought to pass. Rep. Drake
for Appropriations.
Rep. Drake explained the committee report.
Ordered to third reading.
SUSPENSION OF RULES
Rep. Drake moved that the rules of the House be so far
suspended as to dispense with advertising in Calendar on SB 11,
establishing a state historic preservation office and making an
appropriation therefor, and to permit the bill to be taken up at
the present time.
Adopted by the necessary two-thirds.
COMMITTEE REPORTS CONTINUED
SB 11
establishing a state historic preservation office and making
322 House Journal, 27Mar74
an appropriation therefor. Ought to pass. Rep. Drake for Ap-
propriations.
Rep. Drake explained the committee report.
Ordered to third reading.
SUSPENSION OF RULES
Rep. Arthur F. Mann moved that the rules of the House
be so far suspended as to dispense with advertising in the
Calendar on SCR 1, referring the question of the reclassification
of a certain highway in the town of Clarksville to a joint legis-
lative committee, and to permit the bill to be taken up at the
present time.
Adopted by the necessary two-thirds.
COMMITTEE REPORTS CONTINUED
SCR 1
referring the question of the reclassification of a certain
highway in the town of Clarksville to a joint legislative com-
mittee. Ought to pass. Rep. Victor L. Kidder for Public Works.
The joint study committee plan to resolve this matter.
Rep. Mann explained the committee report.
Resolution adopted.
SUSPENSION OF RULES
Rep. Arthur F. Mann moved that the rules of the House
be so far suspended as to dispense with advertising in the Calen-
dar on SCR 2, referring the question of compensation for the
town of Gorham to a joint legislative committee, and to permit
the bill to be taken up at the present time.
Adopted by the necessary two-thirds.
COMMITTEE REPORTS CONTINUED
SCR 2
referring the question of compensation for the town of
Gorham to a joint legislative committee. Ought to pass. Rep.
Fortier for Public Works.
House Journal, 27Mar74 323
The committee feels that the joint House and Senate com-
mittee study plan is a proper solution to this problem.
Rep. Mann gave a brief explanation of the resolution.
Adopted.
SUSPENSION OF RULES
Rep. Hanson moved that the rules be so far suspended as
to dispense with advertising in the Calendar on SB 31, authoriz-
ing the cities of Berlin and Keene to acquire, develop and
operate industrial parks within each such city and to aid the
construction and expansion of industrial facilities within each
such city by the issue of revenue bonds, and to permit the bill
to be taken up at the present time.
Adopted by the necessary two-thirds.
COMMITTEE REPORTS CONTINUED
SB 31
authorizing the cities of Berlin and Keene to acquire, de-
velop and operate industrial parks within each such city and to
aid the construction and expansion of industrial facilities within
each such city by the issue of revenue bonds. Ought to pass.
Rep. Timothy K. O'Connor for Municipal and County Govern-
ment.
Rep. Hanson gave a brief explanation of the committee re-
port.
At the request of Rep. George E. Gordon, Rep. Hanson
answered questions.
Rep. Brungot nonspoke in favor of the passage of SB 31.
Rep. George B. Roberts, Jr. spoke in favor of SB 31.
Ordered to third reading.
SUSPENSION OF RULES
Rep. Zachos moved that the Rules of the House be so far
suspended as to place the following Senate Bills on third read-
ing and final passage by title only at the present time.
Adopted by the necessary two-thirds.
SB 3, changing the compensation of certain state law en-
forcement employees and fees of witnesses.
324 House Journal, 27Mar74
SB 11, establishing a state historic preservation office and
making an appropriation therefor.
SB 31, authorizing the cities of Berlin and Keene to ac-
quire, develop and operate industrial parks within each such
city and to aid the construction and expansion of industrial
facilities within each city by the issue of revenue bonds.
SENATE MESSAGES
CONCURRENCE HB WITH SENATE
AMENDMENT
HB 4 providing supplemental grants to families with de-
pendent children and making an appropriation therefor and
authorizing flat grant payments for categorical assistance.
Rep. Drake moved that the House non-concur in the Senate
amendment and that a Committee of Conference be established.
(discussion)
Rep. Drake explained the bill.
Adopted.
The Speaker appointed Reps. McLane, Ferguson, Hough,
John B. Goff, and Margaret S. Cote.
CONCURRENCE HB WITH SENATE AMENDMENT
HB 24, permitting the use of changeable effective date
designations, such as decals, on all motor vehicle and boat reg-
istration plates; authorizing the governor and council to es-
tablish temporary speed laws; exempting certain functions rela-
tive to motor vehicle and highways from the provisions of the
administrative procedures act; and exempting the department
of fish and game from procedural requirements of their rule
making under Title XVIII, until June 30, 1975.
(Amendment printed SJ March 27)
Rep. Hamel moved that the House non-concur in the
Senate amendment and that a committee of conference be es-
tablished.
(discussion)
Adopted.
House Journal, 27Mar74 325
The Speaker appointed Reps. Hamel, Conley, Akerman,
Duhaime and D'Amante.
SUSPENSION OF RULES
Rep. Hamel moved that the rules be so far suspended as
to dispense with advertising in the Calendar on SJR 3, estab-
lishing a committee to study highway safety and motor vehicle
weight, length and width requirements, and to permit the bill
to be taken up at the present time.
Adopted by the necessary two-thirds.
COMMITTEE REPORTS CONTINUED
SJR 3
establishing a committee to study highway safety and mo-
tor vehicle weight, length and width requirements. Ought to
pass with amendment. Rep. Hamel for Transportation.
AMENDMENT
Amend the resolution by striking out all after the resolv-
ing clause and inserting in place thereof the following:
There is hereby established a special legislative commit-
tee to study and recommend changes from time to time if and
as needed to the statutes, including, but not limited to, the
gross weight, length and width requirements for motor vehicles
operating on the highways, taking into consideration the safety
of the motoring public and the maintenance of the highways
of the state. Said committee shall consist of seventeen mem-
bers appointed as follows: three senators from the public works
and transportation committee appointed by the president of
the senate; five representatives appointed by the speaker of the
house; three members representing the trucking industry ap-
pointed by the governor and council; the commissioner of pub-
lic works and highways, or his designee; the director of motor
vehicles, or his designee; the manager of the New Hampshire
Division of the American Automobile Association, or his des-
ignee; the attorney general, or his designee; the chairman of
the highway safety commission, or his designee; and the direc-
tor of legislative services, or his designee. The committee shall
elect one of its members as chairman. The committee shall
make its report of findings and recommendations for legislation
326 House Journal, 27Mar74
no later than December 31, 1974. The committee shall have
full power and authority to require from the several depart-
ments, agencies and officials of the state and its political sub-
divisions, such data, information and assistance as it may deem
necessary or desirable for the purposes of the study.
Rep. Hamel explained the amendment.
Amendment adopted.
Ordered to third reading.
SENATE MESSAGE
CONCURRENCE HB WITH SENATE
AMENDMENT
HB 34, relative to energy facility evaluation, siting, con-
struction and operations and providing for a tax on refined
petroleum products.
Rep. Greene moved that the House non-concur in the
Senate amendment and that a Committee of Conference be
established.
Rep. Greene explained her motion.
(discussion)
Rep. George B. Roberts, Jr. spoke in favor of the motion.
Adopted.
The Speaker appointed Reps. Greene, George B. Roberts
Jr., Nutt, Woodruff and David J. Bradley.
COMMITTEE REPORTS CONTINUED
SB 9
legalizing special town meetings in Wilmont and Pittsfield;
and the Seabrook School District meeting. Ought to pass with
amendment. Rep. Benton for Municipal and County Govern-
ment.
An omnibus bill to legalize certain town, fire district and
school district meetings for assorted minor irregularities.
Also covers any town or school district meeting in which the
warrant was posted on February 19 instead of on February
18, 1974.
House Journal, 27Mar74 327
AMENDMENT
Amend the title of the bill by striking out same and insert-
ing in place thereof the following:
AN ACT
legalizing: certain special town meetings in Wilmot,
Pittsfield, and Salem; 1974 annual town meetings in Rye,
New Castle, Exeter, Salisbury and Brentwood; the
Seabrook and Gilford school district meetings; the
special Hampton Falls school district meeting; the
Warner village fire district proceedings; the
February 19, 1974 postings of March 5, 1974 town and
school meetings; and a special town meeting and the
1974 annual town meeting in Enfield.
Amend the bill by striking out all after section 10 and in-
serting in place thereof the following:
1 1 Town of Brentwood. All acts, votes and proceedings of
the annual town meeting of Brentwood held on March 5, 1974
are hereby legalized, ratified and confirmed.
12 Town of Salem. The vote of the town of Salem passed
March 10, 1973 authorizing the borrowing of one million nine
hundred thousand dollars for the expansion of the municipal
sewerage system is hereby legalized, ratified, and confirmed in
all respects, and the selectmen of the town are authorized to
issue one million nine hundred thousand dollars in bonds or
notes for such purposes under the Municipal Finance Act.
13 Town of Enfield. All acts, votes and proceedings of the
special town meeting held in the town of Enfield on January
18, 1974 and all acts, votes and proceedings of the annual town
meeting of the town of Enfield held on March 5, 1974 are here-
by legalized, ratified and confirmed.
14 Gilford School District. All acts, votes and proceedings
of the annual district meeting of the Gilford school district
held on March 19, 1974 are hereby legalized, ratified and con-
firmed.
15 Effective Date. This act shall take effect upon its passage.
Amendment adopted.
Ordered to third reading.
328 House Journal, 27Mar74
SENATE MESSAGE
CONCURRENCE HB WITH SENATE
AMENDMENT
HB 31, authorizing the public utilities commission to ac-
quire, as agent of the state, such railroad properties within the
state deemed to be necessary for continued and future railroad
operation for the benefit of the public, and making an appro-
priation therefor.
Rep. Chase moved that the House non-concur in the Senate
amendment and that a Committee of Conference be established.
Rep. Hoar explained the amendment.
(discussion)
Adopted.
The Speaker appointed Reps. Zachos, Hoar, Bigelow, An-
thony Stevens and Coutermarsh.
COMMITTEE REPORTS CONTINUED
SB 23
relative to the membership of municipal planning boards
and providing for the creation of cooperative regional planning
commissions. Ought to pass with amendment. Rep. G. Win-
throp Brown for Municipal and County Government.
RSA 36:5: Amendment provides that town planning board
members may serve on any other board or commission;
however, no more than one planning board member shall
serve on the same board or commission. Appointments
shall be made by the selectmen, upon recommendation of
the Planning Board.
In cities, members of the planning board may also serve as
a member of conservation and historic district commissions;
however, no more than one planning board member shall
serve on the same board or commission. Such appointments
shall be made by the appointing authority.
RSA 31:89 and 36-A:3, as pertains to historic district and
conservation commissions, respectively, are also amended
to reflect appointment of planning board members to these
commissions.
House Journal, 27Mar74 329
Section II of SB 23, pertaining to "regional planning com-
missions," is deleted from the bill; a resolution to refer
section II, with proposed amendments, to interim study
by the committee on Municipal and County Government
will be introduced.
Effective date of section I has been amended to "sixty days
after passage" to allow municipalities time to effect changes
in board and commission assignments.
AMENDMENT
Amend the title of the bill by striking out same and in-
serting in place thereof the following:
AN ACT
relative to the membership of municipal planning boards,
conservation commissions and historic district commissions.
Amend the bill by striking out all after the enacting clause
and inserting in place thereof the following:
1 Planning Board Membership. Amend RSA 36:5 (supp) ,
as amended, by striking out said section and inserting in place
thereof the following:
36:5 Qualifications and Terms of Members.
I. In the case of towns, appointed members of the plan-
ning board may also serve on any other municipal board or
commission provided that no more than one planning board
member shall serve on the same board or commission. In the
case of cities, appointed members shall not hold any other
municipal office except that:
(a) One of such appointed members may be a member of
the zoning board of adjustment;
(b) Either one appointed or one ex officio member may
be a member of the conservation commission, if one exists in
the city, in accord with RSA 36-A:3;
(c) Either one appointed or one ex officio member may
be a member of the historic district commission, if one exists
in the city, in accord with RSA 31:89-d.
II. The terms of ex officio members shall correspond to
their respective official tenures, except in the case of cities that
330 House Journal, 27Mar74
the term of the administrative official selected by the mayor
shall terminate with the term of the mayor selecting him. The
term of each appointed member shall be six years in the case
of nine-member planning boards, five years in the case of
seven-member planning boards and four years in the case of
five-member planning boards, except that the respective terms
of five of the members first appointed to a nine-member or a
seven-member planning board shall be one, two, three, four,
and five years; and in the case of five-member planning boards
that the respective terms of the four members first appointed
shall be one, two, three, and four years.
2 Conservation Commission Membership. Amend RSA
36-A:3 (supp) as inserted by 1963, 168:1, as amended, by strik-
ing out said section and inserting in place thereof the follow-
ing:
36-A:3 Composition of Commission. The commission shall
consist of not less than three nor more than seven members. In
a town which has a planning board, one member of the com-
mission may be appointed from the planning board by the
selectmen, upon recommendation of the planning board, for
a one-year term. In a city which has a planning board, one
member of the commission may be appointed from the plan-
ning board by the mayor, upon recommendation of the plan-
ning board, for a one-year term. In cities, the remaining mem-
bers shall be appointed by the mayor subject to the provisions
of the city charter, and in towns the remaining members shall
be appointed by the selectmen. When a commission is first es-
tablished, terms of the remaining members shall be for one,
two or three years, and so arranged that the terms of approxi-
mately one-third of the members will expire each year, and
their successors shall be appointed for terms of three years
each. Any member of a commission so appointed may, after
a public hearing, if requested, be removed for cause by the
appointing authority. A vacancy occurring otherwise than by
expiration of a term shall be filled for the unexpired term in
the same manner as an original appointment.
3 Historic District Commission Membership. Amend RSA
31:89-d, as inserted by 1963, 178:1, by striking out in line five
the word "shall" and inserting in place thereof the following
(may) so that said section as amended shall read as follows:
House Journal, 27Mar74 331
31:89-d Membership; Qualifications; Term; Vacancies. The
membership of such commission shall consist of not less than
five nor more than seven members. All members shall be resi-
dents of the city or town, and one shall be a member of the
board of selectmen or the chief executive officer thereof and
one may be a member of the planning board. In determining
the qualification of a member of said commission, the appoint-
ing authority shall take into consideration his demonstrated
interest and ability to understand, appreciate and promote
the purpose of this subdivision. The members of said commis-
sion shall be appointed for three-year terms except the initial
appointments shall be staggered so that subsequent appoint-
ments shall not recur at the same time. Members of said com-
mission shall serve without compensation and shall serve no
more than two successive terms. In the event of a vacancy on
the commission, interim appointments may be made by the
appointing authority to complete the unexpired term of such
position.
4 Effective Date. This act shall take effect sixty days after
its passage.
Amendment adopted.
Ordered to third reading.
Reps. Hammond, G. Winthrop Brown and King offered
a resolution.
HOUSE RESOLUTION
Resolved by the House of Representatives, That section
2 of Senate Bill 23 of the 1974 special session, as passed by the
Senate on March 7, 1974, relative to consolidation of regional
planning commissions be referred for interim study to the com-
mittee on municipal and county government in accordance
with RSA17-D; and
Be It Further Resolved, That the committee submit its
findings and recommendations, together with a draft of any
proposed legislation, to the legislature on or before December
1, 1974.
The clerk read the resolution in full.
Reps. Hammond and Hanson explained the resolution.
(discussion)
332 House Journal, 27Mar74
Rep. Pryor spoke in favor of the resolution.
Resolution adopted.
SB 28
to establish standards of care and treatment of alcoholics,
intoxicated persons, and drug dependent people. Majority:
Refer to an interim study committee; Rep. George E. Gordon
for Public Health and Welfare. Minority: Ought to pass with
amendment. (Reps. Sweeney, Mary J. Sullivan, Copenhaver and
Daniell)
Majority: Police Chiefs Association recommended num-
erous amendments to the bill, none of which were proposed
during executive session. Federal funding is purely specu-
lative, because federal legislation is pending in Washing-
ton.
Minority: There has been a tremendous need for this kind
of legislation for many years and we feel this should be
enacted immediately.
Rep. Sweeney moved that the report of the minority, ought
to pass with amendment, be substituted for the majority report,
refer to an interim study committee, and spoke in favor of his
motion.
(discussion)
Rep. Sweeney subsequently withdrew his motion.
Rep. Daniell moved that the words, ought to pass with
amendment, be substituted for the majority report, refer to an
interim study committee, and spoke in favor of his motion.
The clerk read the amendment in full.
Rep. Daniell explained his amendment.
(discussion)
Reps. Donalda K. Howard, Helen F. Wilson, Haller and
George E. Gordon spoke against the motion.
Point Of Order
Rep. Harvell rose on a point of order.
House Journal, 27Mar74 333
Reps. Mary J. Sullivan and Griffin spoke in favor of the
motion.
Rep. William P. Boucher spoke against the motion.
Motion lost.
SB 28 referred to an interim study committee.
COMMITTEE REPORTS CONTINUED
SB 1
providing for open and honest political campaigns in New
Hampshire by requiring greater accountability and full dis-
closure of campaign contributions and expenditures; and pro-
tecting party loyalty by disqualifying defeated primary candi-
dates from being nominated by petition under certain circum-
stances. Ought to pass with amendment. Rep. Chase for Statu-
tory Revision.
Amends campaign financing laws.
Rep. Chase explained the amendment.
Rep. Sayer moved that the words, inexpedient to legislate,
be substituted for the committee report, ought to pass with
amendment, and spoke in favor of the motion.
(discussion)
Rep. Spirou spoke in favor of the committee amendment.
Rep. Zachos spoke against the motion.
Rep. Richard L. Bradley spoke in favor of the motion.
Reps. Orcutt and Normand non-spoke in favor of the mo-
tion.
Rep. Albert C. Jones moved that SB 1 be referred to a joint
committee for interim study.
Rep. Jones explained his motion.
Rep. Chase spoke in favor of the motion.
Rep. Pryor moved the previous question.
Sufficiently seconded.
SB 1 referred to Interim Study Committee to report back
to the 1975 session.
334 House Journal, 27Mar74
SUSPENSION OF RULES
Rep. George B. Roberts, Jr. moved that the Rules of the
House be so far suspended as to place the following Senate Bills
and SJR on third reading and final passage by title only at the
present time.
Adopted by the necessary two-thirds.
Third reading and final passage
SJR 3, establishing a committee to study highway safety
and motor vehicle weight, length and width requirements.
SB 26, providing for retirement benefits for supreme and
superior court justices.
SB 9, legalizing: certain special town meetings in Wilmot,
Pittsfield, and Salem; 1974 annual town meetings in Rye, New
Castle, Exeter, Salisbury and Brentwood; the Seabrook and
Gilford school district meetings; the special Hampton Falls
school district meeting; the Warner village fire district proceed-
ings; the February 19, 1974 postings of March 5, 1974 town and
school meetings; and a special town meeting and the 1974
annual town meeting in Enfield.
SB 23, relative to the membership of municipal planning
boards, conservation commissions and historic district com-
missions.
SENATE MESSAGE
CONCURRENCE
SB 7, relative to capital improvements to the Mount Wash-
ington Summit and making an appropriation therefor.
SB 26, providing for retirement benefits for supreme and
superior court justices.
SJR 3, establishing a committee to study highway safety
and motor vehicles weight, length and width requirements.
RECESS
AFTER RECESS
QUORUM COUNT
273 members having answered, a quorum was declared
present.
ENROLLED BILLS AMENDMENT
SB 31, authorizing the cities of Berlin and Keene to ac-
House Journal, 27Mar74 335
quire, develop and operate industrial parks within each such
city and to aid the construction and expansion of industrial
facilities within each city by the issue of revenue bonds.
Amend section 19 of the bill by striking out line eleven
and inserting in place thereof the following:
services, and provided further that the board of taxation shall
determine,
The clerk read the amendment in full.
Amendment adopted.
ENROLLED BILLS REPORT
HB 7, permitting municipalities to establish, acquire, main-
tain and operate public transportation facilities in cooperation
with governmental units of adjoining states; permitting
broader cooperation in furnishing of municipal services; and
permitting cities and towns to appropriate money for group
homes.
HB 17, increasing the mileage rate for all state employees
using privately owned passenger vehicles and making an ap-
propriation therefor.
SB 4, relative to penalties and forfeitures for noncompli-
ance with sewage and waste disposal rules and regulations of
the water supply and pollution control commission.
SB 8, relative to the distribution of testate property fol-
lowing waiver of a will by surviving spouse and relative to the
form of notice given for termination of parental rights.
SB 12, to further protect the rights of mobile home owners
by requiring that mobile home park owners and operators
state the rules and regulations of the park in writing and pro-
vide all tenants with copies of the rules and to encourage the
construction of mobile home parks by not prohibiting the so-
called "first sale" restriction in a new park.
HB 13, repealing the termination date of RSA 357-B.
HB 36, permitting the sale of milk in three quart con-
tainers.
HB 37, to provide for the repeal of the law tending to pro-
hibit hitchhiking.
336 House Journal, 27Mar74
SB 22, establishing a study committee to develop a plan
to provide public assistance to private institutions of higher
learning in this state and relating to the Lafayette Regional
School District and Bethlehem School District.
SB 24, authorizing cities and towns to grant franchises for
cable television systems.
SB 3, changing the compensation of certain state law en-
forcement employees and fees of witnesses.
SB 11, establishing a state historic preservation office and
making an appropriation therefor.
SB 20, providing for regulation of franchise agreements
for the sale of gasoline and requiring the posting of motor fuel
prices.
HB 21, relative to the duties of the state board of education
and prohibiting the expenditure of public moneys in non-public
schools unless said schools have program approval by the de-
partment of education, supervisory union accounting of federal
funds and establishing the office of chancellor of the university
of New Hampshire system.
Mabel L. Richardson
For the Committee.
CHANGE CONFERENCE COMMITTEE
Rep. Burleigh in place of Rep. Hough on HB 4,
SUSPENSION OF RULES
Rep. Drake moved that the rules of the House be so far
suspended as to permit the introduction of a committee report
not previously advertised in the calendar on SB 15, transferring
permanent state prison employees from group I of the New
Hampshire Retirement System to group II or from the State
Employees' Retirement System to group II and making an
appropriation therefor.
Adopted by the necessary two-thirds.
COMMITTEE REPORTS
SB 15
transferring permanent state prison employees from group
House Journal, 27Mar74 337
I of the New Hampshire Retirement System to group H or
from the State Employees' Retirement System to group II, and
making an appropriation therefor. Inexpedient to legislate.
Rep. Drake for Appropriations.
Resolution adopted.
RECONSIDERATION
Rep. Roderick H. O'Connor moved reconsideration on
SB 15, transferring permanent state prison employees from
group I of the New Hampshire Retirement System to group II
or from the State Employees' Retirement System to group II,
and making an appropriation therefor.
and a committee of conference be established.
Rep. O'Connor explained his motion.
Reps. Nelson, Spirou, Gorman, Zachos and Alice Davis
spoke in favor of the motion.
Rep. Fred E. Murray non-spoke in favor of the motion.
Rep. Frizzell spoke against the motion.
Reconsideration adopted.
Rep. Nelson moved that SB 15 ought to pass with amend-
ment.
The clerk read the amendment in full.
Rep. Nelson explained his amendment.
Reps. Gorman, Coutermarsh, McLane, Spirou and Rod-
erick H. O'Connor spoke in favor of the amendment.
Rep. Scamman spoke against the amendment.
Rep. Drake explained the original bill.
Rep. Spirou moved that SB 15 be referred to the fiscal
committee for further study.
Adopted.
SB 18
providing additional cost of living increases for retired
members of the N. H. Teachers' Retirement System, the N. H.
Policemen's Retirement System, the N. H. Firemen's Retire-
ment System, the N. H. Retirement System, and the State Em-
338 House Journal, 27Mar74
ployees Retirement System, and making an appropriation
therefor; providing for compensatory contributions for inter-
rupted service; and providing for an actuarial study of pre-
funding to be paid out of escrowed funds derived from an in-
terest assumption change. Ought to pass with amendment.
Rep. Drake for Appropriations.
Rep. McLane spoke against the amendment.
Rep. Weeks explained the amendment.
Reps. Roderick H. O'Connor, Drew, Cushman, Streeter,
Cecelia L. Winn and Coutermarsh spoke against the amend-
ment.
Rep. Drake explained the committee report.
(discussion)
Reps. Gerry F. Parker and Scamman spoke in favor of the
amendment.
Reps. Harold E. Thomson, George E. Gordon, Joseph L.
Cote, Brungot, Tibbetts, Dawson, Colby, King, Pray, Myrl R.
Eaton, Chambers, Normand, Kincaid, Peabody, Nutting, Alt-
man, Simard, Burke, Boisvert, Bowler, Harvey, Bouchard, Say-
er, Meserve, Read, Gallen, Hildreth, Nelson, James A. Hum-
phrey, Harvell, Nims, Scott, Timothy K. O'Connor, Charles B.
Roberts, Palfrey, Wuelper, Sara M. Townsend, Sweeney, Tripp,
Allen, John T. Winn, Spirou, Murphy, Barker, LaRoche, Ar-
thur Gagnon, Fred E. Murray, Cobleigh, Lamy, Lessard, Van
Loan, Barlett, Polak, Preston, Ladd, Ezra B. Mann, Rebecca A.
Gagnon, Duhaime, Duprey, McGlynn, Shea, Margaret S. Cote,
Paul McEachern, Tucker, Withington, Dudley, Plumer, Don-
nelly, Burrows, Rousseau, Lewko, Webb and Hager, spoke
against the amendment.
Rep. Curran wished to be recorded as voting "yes" on SB
1 8 as amended.
A division was requested.
33 members having voted in the affirmative and 257 in
the negative, the committee amendment lost.
Ordered to third reading.
House Journal, 27Mar74 339
RECONSIDERATION
Roderick H, O'Connor moved reconsideration of SB 18.
Reconsideration lost.
RESOLUTION
Rep. Zachos moved that SB 18 be read a third time by this
resolution and that the title be the same as adopted, and that it
be passed at the present time, unless otherwise ordered by the
House.
Adopted.
Third reading and final passage
SB 18, providing additional cost of living increases for re-
tired members of the N. H. Teachers' Retirement System, the
N. H. Policemen's Retirement System, the N. H. Firemen's Re-
tirement System, the N. H. Retirement System, and the State
Employees Retirement System, and making an appropriation
therefor; providing for compensatory contributions for inter-
rupted service; and providing for an acturial study of prefund-
ing to be paid out of escrowed fimds derived from an interest
assumption change.
RECONSIDERATION
Rep. George B. Gordon Jr. moved reconsideration on SB 1 .
SB 1, providing for open and honest political campaigns
in New Hampshire by requiring greater accountability and full
disclosure of campaign contributions and expenditures; and pro-
tecting party loyalty by disqualifying defeated primary candi-
dates from being nominated by petition under certain circum-
stances.
Reps. Fred E. Murray, Chase and Gerry F. Parker spoke in
favor of reconsideration. Nelson, Albert C. Jones and Sayer
spoke against reconsideration.
Reps. Streeter and Chandler moved the previous question.
Sufficiently seconded.
Adopted.
A division was requested.
340 House Journal, 27Mar74
It being manifestly in the negative reconsideration lost.
RECONSIDERATION
Rep. George B. Roberts, Jr. moved that HB 30, relative
to the civil commitment procedures in the probate courts and
detention and discharge procedures for the mentally ill, be
recalled from the Governor and that we reconsider our action
in ordering HB 30 to third reading and final passage and place
HB 30 on second reading at the present time.
Reps. Daniel J. Healy and Chandler spoke in favor of the
motion.
Adopted.
Rep. George B. Roberts, Jr. moved that the House non-
concur with the Senate amendment.
Adopted.
Rep. George B. Roberts, Jr. moved that a committee of
conference be established.
Adopted.
The Speaker appointed Reps. George B. Roberts, Jr., Mc-
Manus, Nighswander, Bednar and Dudley.
AFTER RECESS
(Rep. George B, Roberts in the Chair)
SENATE MESSAGES
ACCEDES TO REQUESTS COMMITTEE
OF CONFERENCE
HB 31, authorizing the public utilities commission to ac-
quire, as agent of the state, such railroad properties within the
state deemed to be necessary for continued and future railroad
operation for the benefit of the public, and making an appro-
priation therefor.
and the President has appointed: Sens. Trowbridge, Ferdi-
nando and Claveau.
HB 34, relative to energy facility evaluation, siting, con-
struction and operations and providing for a tax on refined
petroleum products.
House Journal, 27Mar74 341
and the President has appointed Sens. Porter, Preston and Brad-
ley.
HB 24, permitting the use of changeable effective date des-
ignations, such as decals, on all motor vehicles and boat registra-
tion plates; authorizing the governor and council to establish
temporary speed laws; exempting certain functions relative to
motor vehicles and highways from the provisions of the admin-
istrative procedures act; and exempting the department of fish
and game from procedural requirements of their rule making
under Title XVIII, until June 30, 1975.
and the President has appointed Sens. Roger Smith, Claveau,
and Porter.
NONCONCURRENCE HOUSE AMENDMENT
REQUESTS COMMITTEE OF CONFERENCE
SB 23, an act relative to the membership of municipal
planning boards and providing for the creation of cooperative
regional planning commissions.
The President appointed Sens. Johnson, Jacobson and
Blaisdell.
Rep. Hanson moved that the House accede to the request
for a committee of conference.
Adopted.
The Speaker appointed Reps. G. Winthrop Brown, Ezra
B. Mann, Hanson, Burke and Timothy J. O'Connor.
SB 9, legalizing special town meetings in Wilmot and Pitts-
field and the Seabrook School District Meeting.
The President appointed Sens. Johnson, Brown and Blais-
dell.
Rep. Ezra B. Mann moved that the House accede to the
request for a committee of conference.
Adopted.
342 HousF louRNAL, 27Mar74
The Speaker appointed Reps. Benton, Hammond, Sununu,
Ethier and Bednar.
SB 10, an act establishing a sire stakes program and a stan-
dardbred breeders and owners development agency.
The President appointed Sens. Green, Brown and Blais-
dell.
Rep. Drake moved that the House accede to the request
for a committee of conference.
Adopted.
The Speaker appointed Reps. Drake, Tirrell, Read, Mc-
Ginness and Plourde.
QUORUM COUNT
Rep. Bednar requested a quorum count and subsequently
withdrew his request.
SUSPENSION OF RULES
Rep. Drake moved that the rules of the House be so far
suspended as to permit the introduction of a committee report
not previously advertised in the calendar on SB 17, relative to
the New Hampshire Port Authority, the construction of fishing
facilities at Portsmouth, Hampton and Rye Harbors, and the
location of marine science docking and related facilities for
the university of New Hampshire and making an appropriation
therefor.
Adopted by the necessary two-thirds.
COMMITTEE REPORT
SB 17
relative to the New Hampshire Port Authority, the con-
struction of fishing facilities at Portsmouth, Hampton and Rye
Harbors, and the location of marine science docking and re-
lated facilities for the university of New Hampshire and mak-
ing an appropriation therefor. Ought to pass with amendment.
AMENDMENT
Amend the bill by striking out section 1 and inserting in
place thereof the following:
House Journal, 27Mar74 343
1 Completion of Joint Study to Determine Feasibility and
Cost of Project. The completion of a study commissioned
jointly by the department of resources and economic develop-
ment, the city of Portsmouth and tlie Southeastern Regional
Planning Commission at their expense shall be obtained to
determine the desirability of any expenditure for the extension
of the Port Authority facilities. Such a study shall include but
not be limited to consideration of warehousing, cold storage
facilities and the nature of ownership and shall be the basis of
a report to be submitted to the fiscal committee of the general
court, the public works committees of the senate and house,
and the governor and council not later than December 1, 1974.
Further action shall be the responsibility of the incoming
legislature.
Further amend the bill by striking out sections 3 and 4
and inserting in place thereof the following:
3 Appropriation for Fishing Pier in Portsmouth. The sum
of three hundred eight five thousand dollars is hereby appro-
priated to the department of resources and economic develof>
ment for capital improvements to be expended as follows:
I. Commercial fishing pier and docking facility in the city
of Portsmouth on land to be made available by the city of
Portsmouth at a cost of not more than one thousand dollars
per year on a long term basis.
The department of resources and economic development
shall be empowered to charge reasonable user fees. Fishing ves-
sels shall at all times have priority use of this facility.
II. In the event the city of Portsmouth within a period of
120 days is unable to certify its ability to provide suitable land
area for the construction of a fishing pier and support facilities,
as described herein, the sum of two hundred thousand dollars is
hereby appropriated to the department of resources and eco-
nomic development, subject to governor and council approval,
for the acquisition of a suitable site. The powers of eminent
domain shall not apply to the expenditure of this appropriation.
4 Appropriation for Pier in Hampton. The sum of three
hundred fifty thousand dollars is hereby appropriated to the
department of resources and economic development for the
construction of a fishing pier and recreational boating facilities
344 House Journal, 27Mar74
in Hampton harbor. The department shall be entitled to charge
reasonable user fees. Any funds remaining on completion of this
project may be used on like facilities in Rye harbor.
Further amend the bill by striking out section 6 and in-
serting in place thereof the following:
6 Bonds Authorized. To provide funds for the appropria-
tions made in sections 3, 4, and 5 of this act, the state treasurer
is hereby authorized to borrow upon the credit of the state not
exceeding the sum of nine hundred eighty-five thousand dollars
and for said purpose may issue bonds and notes in the name
and on behalf of the state of New Hampshire in accordance
with the provisions of RSA 6-A.
Further amend the bill by striking out section 8 and in-
serting in place thereof the following:
8 Prohibition of Certain Activities by the Authority.
Amend RSA 271 -A by inserting after section 15 the following
new section:
271-A:16 Prohibition of Certain Activities. Notwithstand-
ing any other provisions of this chapter, the N. H. Port Au-
thority shall not before July 1, 1975 exercise its authority to
construct, own, lease, operate or take any other action with re-
spect to any pipe-line, pumping station, on-shore or off-shore
loading facility, refinery, bulk storage or transmission facility
or processing plant connected directly or indirectly with the
processing of oil or liquefied natural gas or liquefied petroleum
gases without first obtaining the approval of the fiscal commit-
tee of the general court and the governor and council.
Rep. Raymond explained the amendment.
(discussion)
Reps. Parr and Cunningham spoke in favor of the amend-
ment.
Amendment adopted.
Ordered to third reading.
RESOLUTION
Rep. Raymond moved that SB 17, be read a third time by
this resolution and that the title be the same as adopted, and
House Journal, 27Mar74 345
that it be passed at the present time, unless otherwise ordered
by the House.
SB 17, relative to the New Hampshire Port Authority, the
construction of fishing facilities at Portsmouth, Hampton and
Rye Harbors, and the location of marine science docking and
related facilities for the university of New Hampshire and mak-
ing an appropriation therefor.
SUSPENSION OF RULES
Rep. Drake moved that the rules of the House be so far
suspended as to permit the introduction of a committee report
not previously advertised in the calendar on SB 2, to provide
fairer real estate taxes for the elderly through a partial exemp-
tion from real estate taxes for persons sixty-five years of age or
older, under certain circumstances, and compensating cities and
towns for consequent loss of tax base and making an appropria-
tion therefor, and making certain revisions in the homeowners'
exemption law, and to permit the bill to be taken up at the
present time.
Adopted by the necessary two-thirds.
(Speaker in the Chair)
COMMITTEE REPORT
SB 2, to provide fairer real estate taxes for the elderly
through a partial exemption from real estate taxes for persons
sixty-five years of age or older, under certain circumstances,
and compensating cities and towns for consequent loss of tax
base and making an appropriation therefor, and making cer-
tain revisions in the homeowners' exemption law. Ought to
pass with amendment. Rep. Drake for Appropriations.
AMENDMENT
Amend the bill by striking out section 8 and inserting in
place thereof the following:
8 Appropriation. There is hereby appropriated the sum of
five hundred thousand dollars for the fiscal year ending June
SO, 1975, to be disbursed to the cities and towns pursuant to
346 House Journal, 27Mar74
RSA 72:42-a. Said appropriation shall not be transferred or
expended for any other purpose. The governor is authorized
to draw his warrant of said sum out of any money in the treas-
ury- not othenvise appropriated.
The clerk read the amendment in full.
Reps. Read, Hall and Nelson spoke against the amend-
ment.
Rep. Drake explained the amendment.
Reps. Stevenson, Raymond and Paul McEachern spoke in
favor of the amendment.
Rep. Raymond yielded to Rep. Drake to answer questions
(discussion)
Reps. Splaine and Sayer spoke against the amendment.
(Rep. Harvell in the Chair)
Rep. James E. O'Neil spoke in favor of the amendment.
(discussion)
(Speaker in the Chair)
Rep. George I. Wiggins spoke in favor of the amendment.
Rep. Curran wished to be recorded as voting "yes" on SB 2
as amended.
Reps. Withington, Belair, Ellis and Boisvert moved the
previous question.
Sufficiently seconded.
Adopted.
Amendment adopted.
Rep. Splaine moved that SB 2 be committed to interim
study by Ways and Means committee to report to the next
regular session.
Motion lost.
Rep. Daniell moved that SB 2 be indefinitely postponed
and spoke in favor of the motion.
(discussion)
House Journal, 27Mar74 347
Rep. Belair spoke against the motion.
Rep. Tucker moved the previous question.
Sufficiently seconded.
Adopted.
Motion to indefinitely postpone lost.
SB 2 ordered to third reading.
Third reading and final passage.
SB 2, to provide fairer real estate taxes for the elderly
through a partial exemption from real estate taxes for persons
sixty-five years of age or older, under certain circumstances,
and compensating cities and towns for consequent loss of tax
base and making an appropriation therefor, and making cer-
tain revisions in the homeowners' exemption law.
ENROLLED BILLS REPORT
SB 7, relative to capital improvements to the Mount Wash-
ing summit and making an appropriation therefor.
SB 26, providing for retirement benefits for supreme and
superior court justices.
SB 31, authorizing the cities of Berlin and Keene to ac-
quire, develop and operate industrial parks within each such
city and to aid the construction and expansion of industrial
facilities within each such city by the issue of revenue bonds.
SJR 3, establishing a committee to study highway safety
and motor vehicle weight, length and width requirements.
SENATE MESSAGE
NONCONCURRENCE
REQUESTS COMMITTEE OF CONFERENCE
SB 2, to provide fairer real estate taxes for the elderly
through a partial exemption from real estate taxes for persons
sixty-five years of age or older, under certain circumstances,
and compensating cities and towns for consequent loss of tax
base and making an appropriation therefor, and making certain
revisions in the homeowners' exemption law. (Sens. Downing,
348 House Journal, 28Mar74
Green and Spanos; Reps. Sayer, Ferguson, Hall, Belair and
Belcourt)
The President appointed Sens. Downing, Green and
Spanos.
Rep. Sayer moved that the House accede to request for
committee of conference.
Adopted.
The Speaker appointed Reps. Sayer, Ferguson, Hall, Belair
and Belcourt.
BILLS PRESENTED TO THE
GOVERNOR
March 27, 1974
HB 3, relative to establishment of a food stamp program
and making an appropriation therefor.
HB 27, relative to amending certain provisions of the Off
Highway Recreational Vehicle Law, RSA 269-C.
HB 32, relative to the commission and taxes on pari-mutuel
pools at dog tracks.
On motion of Rep. Roma A. Spaulding the House ad-
journed at 5:29 p.m.
Thursday, 28Mar74
The House met at 1 1 :00 o'clock.
Prayer was offered by House Chaplain Rev. Joseph Y.
Beaulieu.
O Gord, our Father, we place before You the needs of our
world and the needs of our hearts. Bless us in our doubt and
in our faith and may our work be for Your greater glory. Amen.
PLEDGE OF ALLEGIANCE
Rep. Carter led the Pledge of Allegiance.
House Journal, 28Mar74 349
SENATE MESSAGES
NONCONCURRENCE
REQUESTS FOR COMMITTEE OF CONFERENCE
SB 17, relative to the New Hampshire Port Authority,
the construction of fishing facilities at Portsmouth, Hampton
and Rye Harbors, and the location of marine science docking
and related facilities for the university of New Hampshire and
making an appropriation therefor.
The President appointed Sens. Foley, Preston and Trow-
bridge.
Rep. Arthur F. Mann moved that the House accede to the
request for committee of conference.
Adopted.
The Speaker appointed Reps. Raymond, John B. Goflf,
Ellis, Harry C. Parker and Maynard.
BILLS PRESENTED TO THE GOVERNOR
March 28, 1974
HB 7, permitting municipalities to establish, acquire,
maintain and operate public transportation facilities in co-
operation with governmental units of adjoining states; per-
mitting broader cooperation in furnishing of municipal ser-
vices; and permitting cities and towns to appropriate money for
group homes.
HB 13, repealing the termination date of RSA 357-B.
HB 17, increasing the mileage rate for all state employees
using privately owned passsenger vehicles and making an ap-
propriation therefor.
HB 21, relative to the duties of the state board of educa-
tion and prohibiting the expenditure of public moneys in non-
public schools unless said schools have program approval by
the department of education, supervisory union accounting of
federal funds and establishing the office of chancellor of the
university of New Hampshire system.
HB 36, permitting the sale of milk in three quart con-
tainers.
350 House Journal, 28Mar74
HB 37, to provide for the repeal of the law tending to
prohibit hitchhiking.
SB 3, changing the compensation of certain state law en-
forcement employees and fees of witnesses.
SB 4, relative to penalties and forfeitures for noncompli-
ance with sewage and waste disposal rules and regulations of
the water supply and pollution control commission.
SB 8, relative to the distribution of testate property follow-
ing waiver of a will by surviving spouse and relative to the
form of notice given for termination of parental rights.
SB 11, establishing a state historic preservation office and
making an appropriation therefor.
SB 12, to further protect the rights of mobile home owners
by requiring that mobile home park owners and operators state
the rules and regulations of the park in writing and provide all
tenants with copies of the rules and to encourage the construc-
tion of mobile home parks by not prohibiting the so-called
"first sale" restriction in a new park.
SB 20, providing for regulation of franchise agreements
for the sale of gasoline and requiring the posting of motor fuel
prices.
SB 22, establishing a study committee to develop a plan to
provide public assistance to private institutions of higher learn-
ing in this state and relating to the Lafayette Regional School
District and Bethlehem School District.
SB 24, authorizing cities and towns to grant franchises for
cable television systems.
BILLS SIGNED BY THE GOVERNOR
March 28, 1974
HB 12, conforming tax commission references in the cur-
rent use taxation laws to the revised revenue administration
laws.
HB 15, relative to redistricting the ward lines of the city
of Laconia.
HB 16, permitting public accountants and registered pro-
fessional nurses to form professional associations.
House Journal, 2Apr74 35 1
HB 25, changing the reporting date for the study commis-
sion on the problems of unemployed citizens in New Hamp-
shire.
SB 19, specifying procedures for termination of residential
gas or electric services.
On motion of Rep. Ainley the House adjourned at 11:01
a.m. to meet Tuesday next at 1 1 o'clock.
Tuesday, 2Apr74
The House met at 1 1:00 o'clock.
Prayer was offered by House Chaplain Rev. Joseph Y.
Beaulieu.
O Lord, Our God, breathe Your spirit upon us in all
the choices that we face so that all we do or leave undone may
be done to Your greater glory. Through Christ our Lord,
Amen.
PLEDGE OF ALLEGIANCE
Rep. Plourde led the Pledge of Allegiance.
LEAVES OF ABSENCE
Reps. G. Winthrop Brown, Gary, Mabel L, Richardson
and Mary R. Roy, the day, illness.
Reps. Ruth L. Griffin, Gemmill, Cunningham and Pray,
the day important business.
COMMITTEE OF CONFERENCE
CONFEREE CHANGES
HB 1, Rep. John W. Richardson replaced by Rep. John E.
Goff.
SB 23, Rep. G. Winthrop Brown replaced by Rep. Olden.
HB 31, Rep. Coutermarsh replaced by Rep. Daniell.
352 House Journal, 2Apr74
COMMUNICATIONS
To the Honorable Members
of the House of Representatives
House Bill 27, sponsored by Representative Donald Gor-
man of Derry, is one of the best bills to come before the special
session.
The Off-Highway Recreational Vehicle Law, enacted last
year, took away a basic right to bear firearms by persons riding
in off-highway vehicles.
This act restores the right to carry firearms so long as they
are unloaded. The restriction on unloaded firearms does not
apply to law enforcement officers carrying arms in the course
of duty, nor does it apply to pistols carried under a permit.
I am very pleased to be able to sign this bill into law.
Meldrim Thomson, Jr.
To the Honorable Members of
the New Hampshire General Court
I shall let House Bill No. 3, an act relative to the estab-
lishment of a food stamp program for New Hampshire, become
law without my signature.
The need to consider food stamp legislation was one of
the major reasons why I called the Legislature into special ses-
sion on March 19.
The Federal government will discontinue the surplus food
program on July 1 of this year. Under that program, we pro-
vided surplus food for approximately 22,000 people in New
Hampshire. Most of the food is supplied at Federal cost; how-
ever, the operational cost of the New Hampshire Distribution
Corporation is approximately $220,000 a year,
I urged the Legislature to consider a Granite State voucher
food program that would cost the taxpayers approximately
$2i^ million. It would have provided vouchers for deserving
recipients with which they could have purchased food in their
local stores without the severe restrictions placed on Federal
food stamps.
This New Hampshire program would have had the
unique value of being operated through the county commis-
House Journal, 2Apr74 353
sioners and town selectmen in the same manner that the sur-
plus food program is administered. This would have main-
tained control at the local level.
House Bill No. 3, at a cost of |13^ million for the balance
of fiscal 1974 and all of fiscal 1975, will be administered by
the Welfare Department. It will also add 98 additional persons
to the State payroll.
Food stamp programs throughout the United States have
developed many serious problems. For example, they are so
difficult to administer that more than half of the people in the
nation who are entitled to food stamps never bother to qualify
for them. The stamps are frequently misused by recipients
trading them off in order to obtain cash or by college students
using them to finance their way through school. We are ad-
vised that, as an example, one-third to one-half of all food
stamp recipients in Ingham County, Michigan, are students at
Michigan State University.
It was because of the possibility of abuses in the program
by which the taxpayers and the honest, deserving recipients
both suffer that we recommended House Bill No. 3 be
amended so that overall control of the program would rest Avith
Governor and Council. This amendment the Legislature re-
jected.
It is obvious that we cannot leave the deserving recipient
without some food assistance after July 1, and for this reason
I am permitting House Bill No. 3 to become law without my
signature.
I plan, however, to delegate a member of my staff to keep
in close touch with this program as administered by the Wel-
fare Department and to develop an in-depth report for the
Legislature for January, 1975. Thus, if abuses develop, they can
be corrected. Moreover, the people will have the benefit of a
full review of the program following the first six months of
its operation.
Meldrim Thomson, Jr.
To the Honorable Members of the
New Hampshire General Court
I am signing House Bill 32 which increases the take of the
State and the dog track from 17 to 18 per cent on money bet at
dog races.
354 House Journal, 2Apr74
This bill ^vould add about $500,000 to the amount avail-
able for a division bet^veen State and Track, based upon the
number of days of racing at Hinsdale and Seabrook and the
average daily betting at each track over the period of the past
year.
Actually, the State stands to gain if the bet each racing day
does not exceed $150,000. But thereafter the rate for the State
per night would decrease slightly and that of the Track would
increase. See table set forth below.
NEW HAMPSHIRE'S SHARE TO DECREASE
Amount bet each
racing day
$100,000
$150,000
$200,000
$250,000
$300,000
Current share
(RSA 284:23, Ila)
32.3%
32.3%
37.5%
40.5%
43.8%
Proposed share
(HB 32)
33.4%
35.1%
36.1%
38.8%
40.7%
It has been estimated that if the Seabrook Track did as
well or better next year as it has done this year its precentage
of take would increase by almost $400,000 ^vhile that of the
State would only increase an additional $100,000.
I believe that this increase in revenue for the Seabrook
Track would be justified if they will proceed Avith the planned
expansion from a present capacity of 2,500 patrons a night to
4,000.
On Saturday, March 30 the Board of Directors of Yankee
Greyhound Racing, Inc. adopted the following resolution which
indicates that within 30 days of the signing of House Bill 32
they will proceed with an expansion program estimated to cost
approximately $1 million. It was to encourage this expansion
which will result in greater revenue to the State in the long run
that I signed the bill. The resolution is as follows:
"TO AUTHORIZE THE CORPORATION TO PRO-
CEED FORTHWITH WITH THE PLANNED EX-
PANSION OF THE CORPORATION'S GREYHOUND
RACING FACILITY AT SEABROOK, NEW HAMP-
SHIRE, TO BRING ABOUT THE COMPLETION OF
THE PLANS AS RAPIDLY AS POSSIBLE, AND TO
ENTER INTO A CONSTRUCTION CONTRACT
FOR THE COMMENCEMENT OF CONSTRUCTION
House Journal, 2Apr74 355
WITHIN THIRTY (30) DAYS FROM THE DATE
THAT HOUSE BILL 32 BECOMES LAW."
However I do believe that the Legislature should review
the percentage of the take between Track and State at its next
regular session.
The importance of such a review in order to provide a
larger percentage of take for the State of New Hampshire is
illustrated by the table set forth below which indicates how
much higher the State of Massachusetts take is compared to that
of New Hampshire.
Amount bet each
racing day
$100,000
$150,000
$200,000
$250,000
$300,000
N. H. Current
share
32.3%
32.3%
37.5%
40.5%
43.8%
Mass. Current
share
36.1%
36.1%
40.9%
43.8%
46.9%
Meldrim Thomson, Jr.
The clerk read the communications in full.
SENATE MESSAGES
ADOPTION COMMMITTEE OF
CONFERENCE REPORT
HB 29, relative to tuition payments for handicapped chil-
dren; amending the appropriation for same; defining a handi-
capped child as a person up to the age of twenty-one; and
providing for educational and other expenses in public institu-
tions.
NONCONCURRENCE
REOUEST COMMITTEE OF CONFERENCE
SB 27, to better protect the safety of New Hampshire citi-
zens and law enforcement officers by changing penalties for
homicide in certain circumstances.
The President appointed Sens. Porter, Poulsen and Down-
ing on the part of the Senate.
Rep. Frizzell moved that the House accede to request for
committee of conference.
Adopted.
356 House Journal, 2Apr74
The Speaker appointed Reps. Currier, Twigg, Record,
Alukonis and Hildreth.
COMMITTEE OF CONFERENCE
REPORT HB 29
The committee of conference to which was referred House
Bill 29, An Act relative to tuition payments for handicapped
children; amending the appropriation for same; defining a
handicapped child as a person up to the age of twenty-one; and
providing for educational and other expenses in public institu-
tions, having considered the same, report the same with the
following recommendations:
That the House recede from its position of non-concur-
rence in the Senate amendment, and
That the House concur in the adoption of the Senate
amendment, and
That the House and Senate each pass the bill as amended
by the Senate.
Sen. Green
Sen. S. Smith
Sen. Downing
Conferees on the Part of the Senate
Rep. French
Rep. Raymond
Rep. Rock
Rep. Chambers
Rep. Cotton
Conferees on the Part of the House
At the request of Reps. Lawton and Nighswander, Rep.
French answered questions.
Committee of Conference report adopted.
The committee of conference to which was referred House
Bill 4, 'An Act providing supplemental grants to families with
dependent children and making an appropriation therefor and
House Journal, 2Apr74 357
authorizing flat grant payments for categorical assistance', hav-
ing considered the same, report the same with the following
recommendation :
That the Senate recede from its position in adopting its
amendment to the bill, and
That the Senate and the House each adopt the following
new amendment to the bill and pass the bill as so amended:
Amend the bill by striking out all after section 1 and in-
serting in place thereof the following:
2 Authorizing Consolidated Standards, Except Shelter
Standards, for Aid to Families with Dependent Children.
Amend RSA 167:7, as amended, by striking out said section an^
inserting in place thereof the following:
167:7 Amount of Assistance. The director of the division of
welfare, department of health and welfare, may establish con-
solidated standards of assistance, except for shelter, for recip-
ients of aid to families with dependent children and shall deter-
mine the amount of assistance to be granted under this chapter
or RSA 161. In regard to the amount of assistance for shelter
for recipients of aid to families with dependent children, due
regard shall be given to the necessary expenditures in each
case and the conditions in each case for the cost of shelter, mov-
ing to, equipping, and maintaining shelter. The director shall,
however, have discretion to establish maximum levels of pay-
ment for the cost of shelter, moving to, equipping, and main-
taining shelter, or to pay a percentage of the actual amount of
such costs. In the determination of assistance under this chapter
or RSA 161, due regard shall be given to the income and re-
sources of recipients to the end that, subject to legislative appro-
priations, recipients be enabled to subsist compatibly with
deceny and health. The director of the division of welfare shall
give notice to and in appropriate cases consult with the proper
officials of counties, cities or towns hereby required to con-
tribute to the cost thereof.
3 Effective Date. This act shall take effect upon its passage.
Sen. Bradley
Sen. McLaughlin
Sen. R. Smith
Conferees on the Part of the Senate
358 House Journal, 2Apr74
Rep. McLane
Rep. Ferguson
Rep. John B. Goff
Rep. Burleigh
Rep. Cote
Conferees on the Part of the House
At the request of Rep. Chandler, Rep. McLane answered
questions.
(discussion)
Reps. Brungot, Joseph L. Eaton and Spirou spoke in fa-
vor of the committee of conference report.
Rep. Lawton spoke against the committee of conference
report.
Committee of Conference report adopted.
The committee of conference to which was referred House
Bill No. 2, 'An Act making appropriations for capital improve-
ments.', having considered the sam.e report the same with the
following recommendation:
That the House recede from its position in nonconcurring
Tvith the Senate amendment, and
That the Senate recede from its position in adopting its
amendment to the bill, and
That the House and Senate each adopt the following new
amendment to the bill and pass the bill as so amended:
Amend the bill by striking out all after the enacting clause
and inserting in place thereof the following:
1 Appropriation. The sums hereinafter detailed in this sec-
tion are hereby appropriated for the projects specified to the
departments, agencies and branches named:
I. Adjutant General
Concrete floor — Manchester
Armory $50,000
II. Administration and Control
(a) Restore and refurbish legis-
lative chambers and 3rd
floor of state house $160,000*
House Journal, 2Apr74 359
(b) Refurbish exterior of state
house 80,000
(c) Renovate first floor toilets 30,000
(d) Clean and point exterior-
state library 50,000
(e) Renovations to Purchase and
Property Warehouse 68,000
Total Paragraph II 388,000
•The projects for which this appropriation is made shall, notwithstanding
any statutes to the contrary, be under the complete and sole control of the
Speaker of the House and President of the Senate jointly, and in the ex-
penditure of said funds the provisions of RSA 8 and RSA 228 shall not
apply.
III. Aeronautics Commission
(a) Nashua — Land for ILS $240,000*
Less Federal 180,000
Net Appropriation $60,000
*Land to be acquired by the city of Nashua under RSA 423 and to be re-
imbursed from these funds.
(c) Lebanon — Taxiway $112,000
Less Federal 84,000
Net Appropriation 28,000
Total Paragraph III 88,000
IV. Education — New Hampshire
Vocational-Technical Colleges
(a) Nashua
Automotive building:
Engineering
$45,300
Construction
697,500
Furnishings
106,400
Contingencies
30,000
Total Subparagraph (a)
(b) Claremont
Allied health science building:
Site
$35,000
Engineering
75,000
Construction
1,100,000
UtiHties
12,000
Furnishings
175,000
Contingencies
57,000
$879,200*
Total Subparagraph (b) 1,454,000*
360 House Journal, 2Apr74
(c) Laconia
New equipment — graphic
arts presses and related
items
78,000
(d) Berlin
Automotive shop addition
Baking kitchen and cafeteria
$143,000
expansion:
Engineering, working draw-
ings and construction
157,000
otal Subparagraph (d)
300,000*
(e) Manchester
Library extension
225,000
Total Paragraph IV 2,936,200
*It is the declared legislative intent that this shall be the total cost of
completing this project at this facility. No funds hereby appropriated shall
be expended for any other purpose except engineering costs, working draw-
ings and plans until such drawings and plans have been approved by the
governor and council.
V. Health & Welfare
(a) Office building — phase II —
Design, engineering, and work-
ing drawings to be ready for
1975 Legislative Session $655,000
(b) N. H. Home for the Elderly
(Glencliff) — Laundry 83,600
(c) N. H. Hospital
(1) Reline fuel oil tanks $18,000
(2) Equipment for main
building kitchen 25,000
(3) Plumbing, renovation,
etc. in south side
main building 69,000
(4) Plumbing, renovation,
etc. in north side
main building 86,000
(5) Dolloff building — reno-
vate to life safety code,
etc. 80,500
(6) Reconstruction and reno-
vation of Tobey, Thayer,
Brown, and Walker buildings —
A. Design and engineer-
ing all four buildings 300,000
House Journal, 2Apr74 361
B. Reconstruction and
renovation of Tobey
building complete:
Construction
823,400
Contingencies
Equipment
100,000
40,000
Total Subparagraph (c)
(d) Laconia State School and
Training Center
(1) Laundry equipment
$55,000
(2) Dairy barn conversion
(own forces)
(3) Renovate electrical
30,000
entrance and outside
wiring phase I
132,000
1,541,900
Total Subparagraph (d) 217,000*
•Authority is hereby granted to sell, dispose or remove, at no cost, the silo
at the Laconia State School and Training Center. Any revenue derived
from its sale or removal shall be deposited in the general funds of the
state.
Total Paragraph V 2,497,500
VI. New Hampshire Youth Development
Center — acquisition of one
youth residential center located
off the present property but with-
in the Manchester area. $125,000*
Spaulding Cottage renovation 55,000
*This appropriation shall be reduced by any available federal funds.
Total Paragraph VI 180,000
VII. Liquor Commission
Addition to Portsmouth store No. 38 345,000
VIII. Department of Resources and
Economic Development
(a) Removal and/or relocation and/
or reconstruction of miscellan-
eous department buildings in-
cluding the following:
State Forest Nursery —
Gerrish; Laconia State School
— Laconia; Odiorne Point
State Park — Rye; Ragged Neck
Sate Park — Rye; Coleman
State Park — Stewartstown $75,000
Less federal funds 10,000
Net state appropriation
Subparagraph (a) $65,000
362 House Journal, 2Apr74
(b) Division of Resources
Land acquisitions $75,000
Less federal funds 37,500
Net $37,500
Administrative costs
necessary to acquire land 5,000
Net state appropriation
Subparagraph (b) $42,500
(c) Division of Parks
(1) Land Acquisition —
Recreation trails, ease-
ments, rights-of-way $20,000
Title work, surveys, pro-
rata taxes (No Federal
Match) 5,000
(2) Engineering and construction
A. Bear Brook — new water
supply 49,000
B. Franconia — phase II show-
making, novice slope
development 95,000
C. Greenfield — construct
shower building and ex-
pand parking and picnic
area 56,000
D. Odiorne Point — - planning
and design, and site im-
provement 15,000
E. Pawtuckaway — sewage dump-
ing station, new toilet
building 40,000
F. Fort Constitution — re-
construction, and renova-
tion 25,000
G. Robert Frost Homestead —
renovation, reconstruction
and apartment facility for
caretaker
Living quarters 15,000
Architect Fees (not to ex-
ceed this amount) 5,000
Basic structural renova-
tion 10,000
Total Subparagraph (c) $335,000
Less federal funds 137,500
Net state appropriation
Subparagraph (c) 197,500
House Journal, 2Apr74 363
(d) Capital Construction Projects
— 5 year Bonds
Franconia Notch state park —
installation of new tramway
cables; then repair electri-
cal and mechanical drive $180,000
Total Paragraph VIII 485,000
IX. Department of Safety
(a) Office building
(1) Preliminary site evaluation $10,000*
(2) Engineering and working
drawings 240,000**
(b) Safety services
Rebuild Winnipesaukee boat
house and dock facility 35,000
(c) State police
Renovate radio station
and building 8,000
Total Paragraph IX 293,000
*Any balance remaining in this appropriation after the purpose for which
the same is made has been completed shall be transferred to the appro-
priation made by subparagraph (2) of this paragraph.
**None of these funds shall be expended until the joint office space study
committee established pursuant to 1970, 29:4 approves the site or sites
relative to which the planning and engineering studies shall be directed,
and provided that all such sites shall be located only on state-owned land.
X Veteran's Home
Nursing care unit $2,337,500
Less federal funds 1,519,375
Net state appropriation Paragraph X 818,125*
*It is the declared legislative intent that this shall be the total completion
cost for this project. No funds hereby appropriated shall be expended for
any other purpose except engineering costs, working drawings and plans
until such drawings and plans have been approved by the governor and
council.
XI. State Prison
Improvements and repairs as
follows: replacing windows
(main cell block), renovate
heating (main cell block), new
roofs on hospital and old boiler
room. No. 1 boiler conversion burn-
er, toilets for annex, renovate
annex, maximum security cells in
old hospital area 275,900
364 House Journal, 2Apr74
XII. Water Resources Board — Repairs,
reconstruction and rebuilding
of dams.
(a) Union Meadows $43,320
(b) Kingswood Lake 53,420
(c) Glen Lake 151,620
(d) Howe Reservoir 29,640
(e) Winnisquam Lake 114,000
Total Paragraph XII 392,000
XIII. Water Supply and Pollution
Control Commission
Regional waste treatment plant
Winnipesaukee River Basin $20,086,000
Less federal funds 15,064,500
Less local funds 1,004,300
Net state appropriation Pargraph XIII 4,017,200
XIV. Public Works and Highways,
Division of
Contractual maintenance projects:
5 year bonds
New Hampshire Hospital
Concord, N. H.
(a) Overhauling elevators $40,000
(b) Reinsulate warehouse freezer 12,000
Total Paragraph XIV 52,000
Total state appropriation Section 1 $12,817,925
2 Appropriation, University of New Hampshire. The sums
hereinafter detailed in this section are hereby appropriated for
the projects specified; inckiding but not limited to the pur-
chasing, constructing, furnishing and equipping thereof, to
the trustees of the University of New Hampshire system:
I. Merrimack Valley Branch
(a) Development of outside
utilities
(b) Construction of first
building
(c) Design and working drawings
of second building
$3,750,000
1,668,000
175,000
Total Paragraph I
II. Keene Campus
Renovation of former Elliot
Hospital
$5,593,000^
700.000'
House Journal, 2Apr74 365
III. Plymouth Campus
New academic building complete 4,000,000**
IV. Durham Campus
Complete renovation of James,
Morrill, Murkland, and Kingsbur)-
Halls to conform with N. H. Life
Safety Code 486,000**
V. All Campuses
Phase I of installation of fire
detection system in various
buildings to comply with N. H.
Life Safety Code 82,000**
VI. Snively Arena — Fire doors, safety
lights and devices to meet Life
Safety Code 18,000**
Total state appropriation Section 2 $10,879,000
*These funds shall not be transferred or used for any other purposes and
the following guidelines are the intent of the general court: (1) repairs to
roofs: (2) repairs to heating equipment and utilities to meet minimum
applicable life safety code standards; (3) minimum alterations required to
make usable buildings for administrative and academic purposes.
**These funds shall not be transferred or used for any other purposes.
3 Appropriation; Self-Liquidating. The sum of two million
one hundred eighty-three thousand dollars is hereby appro-
priated for the purpose of constructing, furnishing, and equip
ping housing and dining facilities and utilities at the University
of New Hampshire as follows:
Durham Dormitory
Construction $2,040,000**
Furnishings and equipment 143,000*
Total Section 3 $2,183,000
*5 year bonds.
**30 year bonds.
4 Expenditures, General. The appropriation made for the
purposes mentioned in sections 1,13 and 29, and the sums avail-
able for those projects, shall be expended by the trustees, com-
mission, commissioner, or department head of the institutions
and departments referred to herein, provided that all contracts
for projects and plans and specifications therefor, shall be
awarded in accordance with the provisions of RSA 228.
5 Expenditures, University of New Hampshire.
I. The appropriations made for the purposes mentioned in
sections 2 and 3 and the sums available for these projects shall
366 House Journal, 2Apr74
be expended by the trustees of the University of New Hamp-
shire. All contracts for the construction of all or any part of said
building or facilities shall be let only after competitive sealed
bids have been received and only after an advertisement calling
for such bids has been published at least once in each of two
successive calendar weeks in a newspaper of general circulation
in New Hampshire or in a trade journal known to be circulated
among the contractors from whom bids will be sought with
the state of New Hampshire or elsewhere in the area. The first
publication of such advertisement shall be not less than thirty
days prior to the date the bids will be received. All conditions
considered, wherever possible, it is recommended that the ser-
vice of New Hampshire architectural and construction firms be
considered within the discretion of the trustees.
II. Availability of Appropriation. The appropriations made
in sections 2 and 3 are available for all costs incidental to the
erection, furnishing, and equipping of these facilities including
the necessary extension of utilities and includes the cost of the
services of architects, engineers, and other consultants of such
kind and capacity as the university board of trustees may, in its
discretion, wish to employ on such terms and conditions as the
board determines, and include the cost of furnishing and equip-
ping the facilities with moveable equipment and furnishings
not affixed to the buildings, and which are not listed in the
specifications approved for implementation of the construction
plans. These monies shall be spent under the direction of the
university board of trustees.
III. Rejection of Low Bids. If, in the judgment of the trus-
tees of the university, just cause exists indicating the lowest
bid should be rejected, then the contract may be awarded to
the next lowest bidder, or if the next lowest bid should be re-
jected, the contract may be awarded to the third lowest bidder.
IV. Rejection of All Bids. The board of trustees of the
university has the right to reject any and all bids and, if the
lowest bid is in excess of the appropriation, the board has the
right to negotiate with the low bidder or with the three lowest
bidders for a contract for the construction upon terms consid-
ered most advantageous to the imiversity. If only one bid is re-
ceived, the board of trustees may negotiate a contract for the
construction on terms considered most advantageous to the
university and to the state. Any authorization contained in this
House Journal, 2Apr74 367
act which is at variance Avith the requirements of applicable
federal law and regulations shall be controlled by the terms of
the federal law and regulations.
6 Land Acquisition. Any land acquired under the appro-
priations made in sections 1 and 13, except such land, if any, as
may be acquired under the appropriation for water resources
board, shall be purchased by the commissioner of public works
and highways, with the approval of governor and council.
7 Bonds Authorized. To provide funds for the total of the
appropriations of state funds made in sections 1, 2, 3 and 29 of
this act, the state treasurer is hereby authorized to borrow upon
the credit of the state not exceeding the sum of twenty-five mil-
lion, nine hundred seventy-four thousand, nine hundred twenty-
five dollars and for said purpose may issue bonds and notes in
the name and on behalf of the state of New Hampshire in ac-
cordance with the provisions of RSA 6-A; provided, however,
that the bonds issued for the purposes of section 1, subparagraph
Vni (d) , paragraph XIV and section 3 (furnishings and equip-
ment $143,000) of this act, shall have a maturity date of five
years from date of issue, and provided further that the bonds
issued for the purposes of section 3 (construction $2,040,000)
of this act shall have a maturity date of thirty years from the
date of issue.
8 Payments. The payment of principal and interest on
bonds and notes issued for the projects in sections 1, 2, 3, 13 and
29 shall be made when due from the general funds of the state.
9 Liquidation. The state treasurer is authorized to deduct
from the fund accruing to the university under RSA 187:24, or
appropriation in lieu thereof, for each fiscal year such sums as
may be necessary to meet interest and principal payments in
accordance with the terms and conditions of the bonds or notes
issued for the purposes of section 2 and 3 hereof.
10 Powers of Governor and Council. The governor and
council are hereby authorized and empowered:
I. To cooperate with and enter into such agreements with
the federal government or any agency thereof, as they may deem
advisable, to secure federal funds for the purposes hereof.
IL To accept any federal funds which are, or become avail-
able for any project under sections 1, 13 and 29 beyond the
368 House Journal, 2Apr74
estimated amounts. The net appropriation of state funds for
any project for which such additional federal funds are accepted
shall be reduced by the amount of such additional funds, and
the amount of bonding authorized by sections 7 or 14, which-
ever is applicable, shall be reduced by the same amount.
11 Transfers. The individual project appropriations, as
provided in sections 1, 2, 3, 13 and 29 shall not be transferred
or expended for any other purposes; provided that if there is a
balance remaining after an individual project, which is fully
funded by state funds, is completed, said balance or any part
thereof may be transferred by governor and council to any other
individual project or projects, which are also fully funded by
state funds, within the same section.
12 Reduction of Appropriations and Bonding Authority.
If the net appropriation of state funds for any project provided
for by sections 1, 2, 3, 13 and 29 is determined on the basis of an
estimate of anticipated federal, local or other funds, and if the
amount of such funds actually received or available is less than
said estimate, then the total authorized cost for such project
and the net appropriation of state funds therefor each shall be
reduced by the same proportion as the proportion by which
federal, local or other funds are reduced. The amount of bond-
ing authorized by sections 7 or 14, whichever is applicable, shall
be reduced by the amount that the appropriation of state funds
is reduced pursuant to this section.
13 Water Resources Board Appropriation. The sums here-
inafter detailed in this section are hereby appropriated for the
projects specified, for capital improvements and long-term re-
pairs thereto, to the water resources board:
I. Baker River Watershed Project
Sites 6-A, 7, and 11-A $2,850,350
Less federal funds 2,158,575
Less other funds 8 1 ,000
Net state appropriation paragraph I $610,775
IL Cold River Watershed Project Site
6 (jointly with state of Me.) $345,700
Less other funds 34,000
Less federal funds 296,000
Net state appropriation paragraph II $15,700
House Journal, 2Apr74 369
III. Souhegan River Watershed
Site No. 33 $2,500
Site No. 8 40,000
Total paragraph III $42,500
Total state appropriation section 13 $668,975
14 Bonds Authorized. To provide funds for the total of the
appropriations made of state funds in section 13 of this act, the
state treasurer is hereby authorized to borrow upon the credit
of the state not exceeding the sum of six hundred sixty-eight
thousand nine hundred seventy-five dollars and for said pur-
poses may issue bonds and notes in the name and on behalf of
the state of New Hampshire in accordance with the provisions
of RSA 6-A.
15 Appropriation Extension. The appropriation made to
the water resources board by 1971, 559:1, X, for the specified
capital expenditures shall be available for expenditure until
July 1, 1977.
16 Certain Parks Appropriations of 1971 Extended. The
following appropriations to the division of parks, for the speci-
fied capital improvements, shall be available for expenditure
until July 1, 1977:
I. 1971, 559:1, VII, (1), (a), (i) , Franconia Notch State
Park, tramway cables.
II. 1971, 559:1, VII, (1), (b), Berlin wayside and recreation
area.
III. 1971, 559:1, VII, (1), (g), dredging and improvements
of Hampton Harbor.
17 Appropriation for Hooksett Liquor Store Extended.
Amend 1972, 42 by inserting after section 4 the following new
section:
42:4-a Appropriation Extended. Notwithstanding any other
statute to the contrary the appropriation made by this act shall
be available for expenditure up to July 1, 1977.
18 Aeronautics Commission. Amend the footnote in Laws
of 1969, 505:1, III, as amended by Laws of 1972, 62:3, by adding
370 House Journal, 2Apr74
to the footnote the following new paragraph (The provisions
within this footnote which appear prior to this insertion shall
not apply to paragraphs III, (b) and (d), but said appropriations
shall be matched with any applicable federal funds and shall,
notwithstanding the provisions of RSA 9:18, not lapse until
June 30, 1977.)
19 Angle Pond Appropriation Increased. Amend Laws of
1969, 489:3, by striking out said section and inserting in place
thereof the following:
489:3 Expenditure Authorized. The water resources board
is hereby authorized to expend a sum of money not to exceed
thirty thousand dollars for use in acquiring, repairing and main-
taining the dam on North River Pond in the town of Notting-
ham and the dam at the outlet of Angle Pond in the town of
Sandown which shall be a charge against the fund established
in RSA 270:5, VII.
20 Pisgah Road Appropriation Reduced and Extended.
Amend Laws of 1971, 559:1, VII, (1), (e), by striking out the
same and inserting in place thereof the following:
(e) Pisgah Road Improvements $102,500
Less federal funds 40,000
Total $62,500*
*Within this appropriation the sum of $22,500 provides for
nonfederal BOR participation projects. This appropriation
shall not lapse until June 30, 1977.
21 Reducing the Appropriation for the Soldiers* Home.
Amend Laws of 1971, 559:1, VIII, by striking out said para-
graph and inserting in place thereof the following:
VIII. Soldiers' Home
Engineering Services — renovations 2,000
22 Reducing the 1971 Capital Budget Bonding. Amend
Laws of 1971, 559:8, as amended, by striking out said section
and inserting in place thereof the folloAving:
559:8 Bonds Authorized. To provide funds for the appro-
priations made in sections 1, 2, 3 and 16 of this act, the state
House Journal, 2Apr74 371
treasurer is hereby authorized to borrow upon the credit of the
state not exceeding the sum of eleven million four hundred one
thousand one hundred sixty-five dollars and for said purposes
may issue bonds and notes in the name and on behalf of the
state of New Hampshire in accordance ^vith the provisions of
RSA 6-A; provided, however, that the bonds issued for the pur-
poses of section 3 of this act shall have a maturity date of thirty
years from the date of issue.
23 Legislative Facilities Committee. Amend 1973, 368:1 by
striking out said section and inserting in place thereof the fol-
lowing:
368:1 Committee Established. A joint committee on legis-
lative facilities is hereby established for the purposes of con-
ducting, supervising and coordinating the renovating, rebuild-
ing, remodeling or construction of the state-owned building
known as the Old Post Office located in Concord, New Hamp-
shire, in its sole discretion as it deems necessary, for hearing
rooms, meeting rooms and other facilities for the use and con-
trol of the legislature and their supporting activities. Such com-
mittee shall also conduct, supervise and coordinate the planning
and construction of a legislative parking facility to be located in
Concord, New Hampshire for the use and control of the legis-
lature and their supporting activities. The committee shall con-
sist of the president of the senate and the speaker of the house,
or their designees, the majority and minority leaders of each
body and one member of the senate appointed by the president
of the senate and one member of the house appointed by the
speaker of the house who shall be members from the office space
study committee; and an additional member of the senate ap-
pointed by the president and an additional member of the
house appointed by the speaker. The committee shall meet as
required and shall serve without compensation; however, the
committee members shall receive legislative mileage.
24 Legislative Parking Facility. Amend 1973, 368:2 by in-
serting after paragraph IX the following ne^\" paragraphs:
X. The committee shall have the authority to negotiate and
contract with the city of Concord for the acquisition of land or
air rights for the purpose of constructing a parking facility for
the use of the legislature, and such land or air rights may be
acquired without the consent of the governor and council.
372 House Journal, 2Apr74
XI. Notwithstanding any other provisions of law to the
contrary, all space in and utilization of the legislative parking
facility shall be determined by the president of the senate and
the speaker of the house.
XII. The division of buildings and grounds within the de-
partment of administration and control shall be responsible
for the maintenance of said parking facility. The superinten-
dent of state buildings and grounds in consultation with the
comptroller and approval of the legislative facilities commission
as established by 1973, 368:1, as amended, shall set reasonable
user fees. Said user fees collected shall be deposited ^vith the
state treasurer as restricted revenue to be used by the division of
buildings and grounds to offset the cost of maintenance.
25 Appropriation. Amend 1973, 368 by inserting after sec-
tion 6 the following new sections:
368:6-a Appropriation. The sum of seven hundred seventy
thousand dollars is hereby appropriated for the planning and
construction of a legislative parking facility. Said sums shall be
expended by the legislative facilities committee. The committee
is authorized to apply for, accept and expend federal and
private funds that may be made available for the purposes of
this act and the amount of state funds available for said purposes
shall be reduced by the amount thereof.
368:6-b Bonds Authorized. To provide funds for the appro-
priation made in section 6-a of this act, the state treasurer is
hereby authorized to borrow upon the credit of the state not
exceeding the sum of seven hundred seventy thousand dollars,
and for said purpose may issue bonds and notes in the name and
on behalf of the state of New Hampshire in accordance with
the provisions of RSA 6-A.
26 Powers of University Trustees. Amend RSA 187:8, as
amended, by inserting after paragraph IX the following new
paragraph:
X. To maintain and operate all housing facilities, dining
halls or other food service facilities, student unions, and book-
stores for students and faculty on all campuses of the university
system which are in existence on the effective date of this para-
graph or which may later be constructed and to collect rents
from any such housing facilities.
House Journal, 2Apr74 373
27 Special Funds Established. Amend RSA 187 by inserting
after section 10 the following new section:
187:10-a Special Funds for Self-amortizing Projects. The
trustees of the university shall keep the income from all: hous-
ing facilities, dining halls and other food service facilities, stu-
dent unions, and bookstores each in a separate fund for each
division or campus of the university system. From each such
fund shall be paid the proportionate part of the annual interest
on the state borrowing for the purpose of constructing any of
the four above-mentioned particular facilities at the particular
division of campus, and a like proportionate payment of in-
stallments of principal as the same become due until such time
as all obligations incurred by the state for any of said four facili-
ties at any division or campus have been met. All operating and
maintenance expenses of the four above-mentioned facilities
shall be paid from the applicable separate fund hereby estab-
lished.
28 Repeal. The folloAving statutes are hereby repealed:
I. RSA 187:10, relative to dormitory rentals;
II. Laws of 1967, 394:ll-a, establishing special funds for
certain university buildings;
III. Any statute inconsistent with the provisions of RSA
187:8, X or RSA 187: 10-a.
29 Mount Sunapee Snow-making Feasibility Study. The
sum of fifteen thousand dollars is hereby appropriated to the
department of resources and economic development, division
of parks to hire a competent engineering firm to make the
necessary feasibility study, both economic and engineering, for
the installation of snow-making equipment on all or part of
Mt. Sunapee. Said study shall be submitted to the fiscal com-
mittee of the general court which shall consult with the public
works committees of both the house and senate. If the fiscal com-
mittee of the general court finds that the installation of snow-
making equipment at Mt, Sunapee is feasible, then there is
appropriated to the department of resources and economic de-
velopment, division of parks the sum of eighty thousand dollars
to obtain detailed engineering plans for said installation.
30 Electronic Roll Call Committee. Amend 1973, 592 by
striking out the first paragraph and inserting in place thereof
the following:
374 House Journal, 2Apr74
That a special legislative committee is hereby established
to work with the public works division of the department of
public works and highways to consider the various proposals
submitted to such division and to decide which system best
satisfies the requirements of the legislature. Membership of the
committee shall consist of the speaker of the house, the majority
and minority leaders of the house, the chairman of the house
public works committee and the chairman of the house appro-
priations committee. Each member may appoint designees, not
exceeding two in number, to serve in his place. The committee
shall have the following powers and duties: (1) to choose the
system within the appropriation allocated and provide for in-
stallation and approval before January 1, 1975; (2) to request
for an indefinite period the temporary assignment of any classi-
fied or unclassified employee of the state to assist the committee
in its work, and such employee shall be assigned to such tempo-
rary duty and be under the direction and supervision of the
committee, but shall continue to be paid by the department of
which he is an employee. In carrying out its duties hereunder,
the committee is exempted from the provisions of RSA 228 and
RSA 8; provided, however, that if it so requests, the department
of public works and highways and the director of the division
of purchase and property shall provide the services of their de-
partments and follow the procedures provided for in RSA 22€
and RSA 8, except that in no case shall the approval of governor
and council be required, but instead the approval of the com-
mittee shall be sufficient.
31 Effective Date. This act shall take effect upon its passage.
Sen. Trowbridge
Sen. Blaisdell
Sen. Sanborn
Conferees on the Part of the Senate
Rep. Arthur F. Mann
Rep. Daniels
Rep. Raymond
Rep. Belair
Rep. John B. Goff
Conferees on the Part of the House
At the request of Rep. Newell, Rep. Raymond answered
questions.
Committee of Conference report adopted.
House Journal, 2Apr74 375
The committee of conference to which was referred House
Bill No. 35, 'An Act providing for twenty year retirement for
members of group II under the New Hampshire Retirement
System, permitting the transfer of members of the New Hamp-
shire Firemen's Retirement System and of the New Hampshire
Policemen's Retirement System into the New Hampshire Re-
tirement System and making an appropriation therefor.', hav-
ing considered the same report the same with the following
recommendation :
That the House recede from its position of nonconcur-
rence with the Senate amendment, and
That the House concur in the adoption of the Senate
amendment, and
That the House and Senate each adopt the following
amendment to the bill and pass the bill as so amended.
Amend the bill by striking out section II of the same and
inserting in place thereof the following:
1 1 Appropriation. There is hereby appropriated the sum
of forty-nine thousand dollars for the 1975 fiscal year repre-
senting the state's share of the cost of carrying out the purposes
of this act. The governor is authorized to draw his warrant for
the sums herein appropriated from any money in the treasury
not otherwise appropriated.
Amend the bill by striking out section 13 of same and in-
serting in place thereof the following:
13 Effective Date. This act shall take effect July 1, 1974.
Sen. Trowbridge
Sen. Green
Sen. Blaisdell
Conferees on the Part of the Senate
Rep. Drake
Rep. George B, Roberts, Jr.
Rep. Coutermarsh
Rep. Weeks
Rep. Roderick H. O'Connor
Conferees on the Part of the House
376 House Journal, 2Apr74
At the request of Rep. Read, Rep. Drake answered que*
tions.
(discussion)
Rep. Palfrey spoke in favor of the committee of confer-
ence report.
Committee of Conference report adopted.
The committee of conference to which was referred House
Bill No. 34, 'An Act relative to energy facility evaluation, siting,
construction and operations; providing for a tax on refined
petroleum products; and establishing an energy facility study
committee.', having considered the same report the same with
the following recommendations:
That the House recede from its position of nonconcurrence
with the Senate amendment, and
That the House concur in the adoption of the Senate
amendment, and
That the House and Senate each adopt the following
amendments to the bill, and
That the House and Senate each pass the bill as amended.
Amend RSA 162-H:1 as inserted by section 3 of the bill by
inserting at the end of said section the following (The legisla-
ture also recognizes that it has a broad responsibility to provide
both economic and environmental protection for its coastal
and estuarine waters and the adjoining land areas. The legisla-
ture therefor declares it to be its policy that any offshore facility
other than pipelines shall be located so as to at least comply
with the policies and guidelines of the Federal Environmental
Protection Agency; and that this policy may be relaxed only if
it is shown by clear and convincing evidence that there are com-
pelling technological or economic reasons for doing so, that no
feasible alternative exists, and that there will be no substantial
environmental risk.) so that said section as amended shall read
as follows:
I62-H:l Declaration of Purpose. The legislature recognizes
that the selection of sites for energy facilities will have a signifi-
cant impact upon the welfare of the population, the economic
House Journal, 2Apr74 377
growth of the state and the environment of the state. The legis-
lature, accordingly, finds that the public interest requires that
it is essential to maintain a balance between the environment
and the possible need for new energy facilities in New Hamp-
shire; that undue delay in construction of any needed facilities
be avoided; that the state insure that the construction and oper-
ation of energy facilities is treated as a significant aspect of
land-use planning in which all environmental, economic and
technical issues are resolved in an integrated fashion; and that
existing laws do not provide adequate public review and con-
trol over the construction and operation of energy facilities.
The legislature, therefore, hereby establishes a procedure for
the review, approval, monitoring and enforcement of compli-
ance in the planning, siting, construction and operation of ener-
gy facilities. The legislature also recogizes that it has a broad
responsibility to provide both economic and environmental
protection for its coastal and estuarine waters and the adjoining
land areas. The legislature therefore declares it to be its policy
that any offshore facility other than pipelines shall be located so
as to at least comply with the policies and guidelines of the
Federal Environmental Protection Agency; and that this policy
may be relaxed only if it is sho^vn by clear and convincing
evidence that there are compelling technological or economic
reasons for doing so, that no feasible alternative exists, and that
there will be no substantial environmental risk.
Amend RSA 162-H:4, H, as inserted by section 3 of the
bill, by striking out in line twenty-three the word "five" and in-
serting in place thereof the following (seven) so that said para-
graph as amended shall read as follows:
II. The committee shall incorporate in any permit issued
hereunder such terms and conditions as may be specified to the
committee by any of such other state agencies as have jurisdic-
tion, under state or federal law, to regulate any aspect of the
construction or operation of the proposed facility; provided,
however, the committee shall not issue any permit hereunder if
any of such other state agencies denies authorization for the
proposed activity over which it has jurisdiction. The denial of
any such authorization shall be based on the record and ex-
plained in reasonable detail by the denying agency. Notwith-
standing any other provision of law, the application required by
RSA 162-H:6 shall be in lieu of all applications otherwise re-
378 House Journal, 2Apr74
quirable by any of such other state agencies. Further notwith-
standing any other provision of law, the hearing conducted
under RSA 162-H:8 shall be a joint hearing with such other
state agencies and shall be in lieu of all hearings otherwise re-
quirable by any of such other state agencies, provided, however,
if any of such other state agencies does not otherwise have au-
thority to conduct hearings, it may not join in the hearing
under this chapter; provided further, however, the ability or in-
ability of any such other state agencies so to join shall not affect
the composition of the committee under RSA I62-H:3 nor tlie
ability of any member of the committee to act in accordance
with this chapter. Subject to RSA 162-H:6, III, but notwith-
standing any other provision of law, each of such other state
agencies shall make and submit to the committee a final decision
on such parts of the application as relate to its jurisdiction not
later than seven months after it has received a copy of such parts
in accordance with RSA 162-H:6, I. Not^vithstanding any other
provision of this section or this chapter, each of such other
state agencies shall retain all of its powers and duties of en-
forcement.
Amend RSA 162-H:4, III, as inserted by section 3 of the
bill, by striking out said paragraph.
Amend RSA 162-H:7, I. (d) , as inserted by section 3 of the
bill, by striking out in line one the ^v^ord "his" and inserting in
place thereof the following (its') , so that said subparagraph as
amended shall read as follows:
(d) The location or locations where an applicant is to con-
duct its business.
Amend RSA 162-H:9, I, as inserted by section 3 of the bill,
by striking out said paragraph and inserting in place thereof the
following:
I. In order for the committee to issue a permit hereunder
consistent with the provisions of RSA 162-H:1, it must find the
following:
Amend RSA 162-H:9, I, (a), as inserted by section 3 of the
bill, by inserting in line three after the word "sites," the follow-
ing (coastal and estuarine waters,) so that said subparagraph as
amended shall read as follows:
(a) the proposed site and facility will not unduly interfere
House Journal, 2Apr74 379
with the orderly development of the region and will not have
an unreasonably adverse impact on aesthetics, historic sites,
coastal and estuarine waters, air and water quality, the natural
environment and the public health and safety; and
Amend RSA 162-H:10 as inserted by section 3 of the bill,
by striking out in line two the word "twelve" and inserting in
place thereof the following (fourteen) so that said section as
amended shall read as follows:
162-H:10 Permit Deadline. Subject to RSA 162-H:6, III, a
permit shall be either issued or denied by the committee within
fourteen months of the date of its receipt of the application and
may contain such reasonable terms and conditions as it deems
necessary and may provide for such reasonable monitoring pro-
cedures as may be necessary. Such determinations, "when made,
shall be final and in writing and subject only to the provisions
of this chapter.
Amend RSA 78-C:2, I, as inserted by section 4 of the bill,
by striking out in line two the words "one-half" and inserting
in place thereof the following (one-tenth), so that said paragraph
as amended shall read as follows:
I. A tax is hereby imposed upon the refining of refined
petroleum products at the uniform rate of one-tenth of one per-
cent on the fair market value per barrel of such products at the
refinery site, to be paid by the refiner thereof.
Amend the bill by striking out all after section 4 and in-
serting in place thereof the following:
5 Energy Facility Study Committee Established. There is
hereby established a committee to study energy facilities and
related activities. The study shall include but is not limited to
energy facilities (including oil refineries), siting, pipelines, off-
shore loading and unloading and the regional community im-
pact of energy facilities and related satellite petrochemical
industries. Said committee shall consist of eleven members
appointed as follows: two senators appointed by the president
of the senate, three representatives appointed by the speaker of
the house, one member from the Southeast Regional Planning
Commission, one general economist appointed by dean of
Whittmore School of Business, one general biologist and one
engineer or technologist, both appointed by the president of the
380 House Journal, 2Apr74
University of New Hampshire, and two members of the gen-
eral public, appointed by the governor. The committee shall
elect one of its members as chairman. The legislative members
of the committee shall be entitled to legislative mileage and
the department representatives on the committee are authorized
reimbursement for actual expenses in the performance of duties
connected with committee functions. The committee is author-
ized, and it is recommended that they consult with the other
New England states or any committee therein, to define a New
England plan for the orderly development of oil refinery siting
and offshore unloading facility. Further studies should include
consideration of the advantages and disadvantages of both pri-
vate and publicly owned offshore loading facilities and the part
that the port authority should play in such a facility. The com-
mittee is authorized to hold public hearings and to receive the
support and cooperation of any state agency as may be required.
The committee's recommendations and findings shall be made
to the general court by January 1, 1975.
6 Energy Facility Tax Study. The matter of taxation and
its application to energy facilities (including oil refineries),
shall be referred to the standing ways and means committee of
the senate and the house for their joint consideration. Any re-
port and recommendations shall be made to the general court
by January 1, 1975.
7 Effective Date. This act shall take effect upon its passage.
Rep. Greene
Rep. Nutt
Rep. Roberts
Rep. Woodruff
Rep. David J. Bradley
Conferees on the Part of the House
Sen. Porter
Sen. Bradley
Sen. Preston
Conferees on the Part of the Senate
Committee of Conference report adopted.
The committee of conference to which was referred House
Bill No. 33, 'An Act relative to the Winnipesaukee River Basin
Control; providing for continuation of the study committee on
House Journal, 2Apr74 381
water supply and pollution control commission; and establish-
ing an interim committee to study floodplains,' having con-
sidered the same, report the same with the following recom-
mendations:
That the House recede from its position of nonconcurrence
with the Senate amendment, and
That the House concur in the adoption of the Senate
amendment, and
That the House and Senate each adopt the following
amendment to the bill, and
That the House and Senate each pass the bill as so amend-
ed.
Amend the bill by striking out all after section 3 of same
and inserting in place thereof the following:
4 Committee Membership Enlarged. Amend the laws of
1973, chapter 334, by striking out all after the resolving clause
and inserting in place thereof the following:
That there is hereby established a special legislative com-
mittee to study and report on the existing program and future
needs of the water supply and pollution control commission.
The committee shall review the efficiency, economy and effec-
tiveness of present procedures, policies and programs of the
commission ^vith respect to the handling of the duties and func-
tions assigned to it. The committee shall make recommendation
for any additional safeguards, personnel and other measures
which it deems necessary in order that the commission may
carry out its present and anticipated future responsibilities. Said
committee shall consist of thirteen members appointed as fol-
lows: three senators, appointed by the president of the senate,
seven representatives of the House committee on resources,
recreation and development, appointed by the speaker of the
house and three members representing the general public ap-
pointed by the governor. The committee shall elect one of its
members as chairman. The committee shall report its findings
and recommendations to the general court on or before Janu-
ary 1.5, 1975. The committee shall have full power and authority
to require from the several departments, agencies, and officials
of the state and its political subdivisions, such data, information
and assistance as it may deem necessary or desirable for the
382 House Journal, 2Apr74
purposes of this study. The ^vater supply and pollution control
commission shall provide the special committee with such of its
rules, regulations and procedures as the committee may request,
together Avith the justification thereof.
5 Effective Date.
I. RSA 149-G:6, II, as inserted by section 2 of the act shall
take effect on June 30, 1978.
II. The remainder of this act shall take effect upon its
passage.
Sen. Porter
Sen, Gardner
Sen. Claveau
Conferees on the part of the Senate
Rep. Claflin
Rep. Ladd
Rep. Oleson
Rep. Tilton
Rep. Harriman
Conferees on the part of the House
Committee of Conference report adopted.
The committee of conference to which was referred House
Bill 18, An Act requiring local approval prior to approval of
site plans for oil refineries, having considered the same, report
the same with the following recommendations:
That the House recede from its position of non-concur-
rence with the Senate amendment, and
That the House concur in the adoption of the Senate
amendment, and
That the House and Senate each pass the bill as amended
by the Senate.
Sen. Porter
Sen. Johnson
Sen. Preston
Conferees on the Part of the Senate
House Journal, 2Apr74 38-
Rep. Hanson
Rep. Benton
Rep. Ethier
Rep. Spirou
Rep. Madeline G. Townsend
Conferees on the Part of the House
Committee of Conference report adopted.
SB 17, relative to the New Hampshire Port Authority, the
construction of fishing facilities at Portsmouth, Hampton and
Rye harbors, and the location of marine science docking
and related facilities for the university of New Hampshire and
making an appropriation therefor.
(Printed SJ April 2)
Rep. Raymond explained the committee of conference
report.
(discussion)
Committee of Conference report adopted.
The committee of conference to which was referred House
Bill No. 31, 'An Act authorizing the public utilities commission
until March 6, 1975, to acquire, as agent of the state, such rail-
road properties within the state deemed to be necessary for
continued and future railroad operation for the benefit of the
public, and providing bonding authority; on March 6, 1975,
the foregoing authority shall be transferred to the New Hamp-
shire transportation authority.', having considered same, report
the same with the following recommendations:
'&
That the House recede from its position of nonconcurrence
with the Senate amendment, and
That the House concur in the adoption of the Senate
amendment, and
That the House and Senate each adopt the following
amendments to the bill, and
That the House and Senate each pass the bill as so
amended.
384 House Journal, 2Apr74
Amend 372-A as inserted by section 1 of the bill, by insert-
ing after section 20 the following new section:
372-A: 21 Authorized to Employ Consultants. The com-
mission may, in support of its actions as herein authorized, en-
gage the services of consultants for the purpose of preparing
estimates for plant rehabilitation costs. Further, it may engage,
as it considers necessary, the services of qualified independent
consultants to perform economic feasibility studies, or as other-
wise necessary in carrying out the responsibilities of this chapter.
Amend RSA 372-A: 20 as inserted by section 1 of the bill,
by striking out in line three the words "or discussion", so that
said section as amended shall read as follows:
372-A: 20 New Hampshire Transportation Authority; Rep-
resentative of. The executive director of the New Hampshire
transportation authority, shall be notified and included in any
meeting held by the public utilities commission and kept ap-
prised of any decision made by said commission pursuant to the
provisions of this chapter.
Amend section 2 of the bill, by striking out in line one the
word "two" and inserting in place thereof the following (four) ,
so that said section as amended shall read as follows:
2 Appropriation. There is hereby appropriated the sum
of four million dollars for the purpose of purchasing, selling or
leasing railroad properties and for the maintenance and opera-
tion of any railroad properties acquired pursuant to the pro-
visions of RSA 372-A. Said appropriation shall be nonlapsing
and may be expended by the commission for the aforementioned
purposes only.
Amend section 3 of the bill, by striking out in line four the
word "two" and inserting in place thereof the following (four) ,
so that said section as amended shall read as follows:
3 Bond Issue Authorized. To provide funds for the pur-
poses of section 2 of this act, the state treasurer is hereby au-
thorized to borrow upon the credit of the state or to borrow
from the federal government, or a combination of both a sum
not exceeding four million dollars and for that purpose may
issue bonds and notes in the name and on behalf of the state
of New Hampshire in accordance with the provisions of RSA
6-A.
House Journal, 2Apr74 385
Amend section 6 of the bill by striking out said section and
inserting in place thereof the following:
6 New Hampshire Transportation Authority Appropria-
tion Reduced. Amend the Laws of 1973, 582:4 by striking out
in line two the words "one hundred" and inserting in place
thereof the following (fifteen) and by striking out in line three
the words "a like amount" and inserting in said line after the
numerals "1975" the following (the sum of one hundred thou-
sand dollars.) so that said section as amended shall read as
follows:
582:4 There is hereby appropriated for the New Hamp-
shire transportation authority for the fiscal year ending June
30, 1974, the sum of fifteen thousand dollars; and for the fiscal
year ending June 30, 1975, the sum of one hundred thousand
dollars. The governor is authorized to draw his warrant for the
sums hereby appropriated out of any money in the treasury not
otherwise appropriated.
Amend section 10 of the bill by inserting after RSA 21-C:24
the following new RSA section:
21-C:25 Authorized to Employ Consultants. The authority
may, in support of its actions as herein authorized, engage the
services of consultants for the purpose of preparing estimates
for plant rehabilitation costs. Further, it may engage, as it con-
siders necessary, the services of qualified independent consul-
tants to perform economic feasibility studies, or as otherwise
necessary in carrying out the responsibilities of this chapter.
Amend section 12 of the bill by striking out in line two the
numeral "6" and inserting in place thereof the following (13) ,
so that said section as amended shall read as follows:
12 Transfer of Appropriation; Bond Issue Authorization;
Amortization of Bonds; and Appropriation for Administration.
Effective on March 13, 1975, the appropriation made by section
2 of this act; the authorization for bond provided for by section
3 of this act; the provisions for amortization of such bonds pur-
suant to section 4 of this act; and the remainder of any funds
appropriated, any personnel hired, and records and equipment
acquired pursuant to the provisions of section 5 of this act, are
hereby transferred to the New Hampshire transportation au-
thority and the appropriate reference to RSA 21-C shall be sub-
386 House Journal, 2Apr74
stituted for any reference to RSA 372-A in the aforementioned
sections of the act.
Amend paragraph II of section 14 of the bill by striking
out said paragraph and inserting in place thereof the following:
II. Sections 7, 8, 9, 10, 11, 12 and 13 of this act shall take
effect only if both houses of the 1975 general court so vote prior
to March 13, 1975, upon such action by the 1975 general court
these sections shall take effect on March 13, 1975; in the event
such action is not taken by said date these sections shall become
null and void and have no legal force or effect, and the authority
granted to the public utilities commission and to others by sec-
tions 1 through 6 shall continue in force and effect.
Rep. Zachos
Rep. Hoar
Rep. Bigelow
Rep. Anthony Stevens
Rep. Daniell
Conferees on the Part of the House
Sen. Trowbridge
Sen. Claveau
Sen. Sanborn
Conferees on the Part of the Senate
At the request of Rep. Lawton, Rep. Zachos explained the
committee of conference report.
Reps. Coutermarsh, George I. Wiggins and Plourde spoke
against the committee of conference report.
(discussion)
Reps. Zachos, Bigelow, Spirou, Hunt and Lawton spoke
in favor of the committee of conference report.
Reps. French, Parr, Forcier, Withington, Lessard, An-
thony Stevens, Palfrey, Howard S. Humphrey, Hoar and Fred
E. Murray non-spoke in favor of the committee of conference
report.
Rep. Clark non-spoke against the committee of confer-
ence report.
Reps. Cobleigh and Boisvert moved the previous question.
Sufficiently seconded.
House Journal, 2Apr74 387
Adopted.
A division was requested.
219 members having voted in the affirmative and 54 in
the negative, Committee of Conference report adopted.
Rep. Curran wished to be recorded as voting against the
committee of conference report.
ENROLLED BILLS REPORT
SB 18, providing additional cost of living increases for re-
tired members of the N. H. Teachers' Retirement System, the
N. H. Policemen's Retirement System, the N. H. Firemen's
Retirement System, the N. H. Retirement System and the State
Employees Retirement System, and making an appropriation
therefor; providing for compensatory contributions for inter-
rupted service; and providing for an actuarial study of pre-
funding to be paid out of escrowed funds derived from an in-
terest assumption change.
Maurice M. Read
For The Committee
RECESS
AFTER RECESS
SENATE MESSAGE
ADOPTION COMMITTEE OF CONFERENCE
REPORT
HB 1, making supplemental appropriations for expenses
of certain departments of the state for the fiscal years ending
June 30, 1974 and June 30, 1975 and making other budgetary
changes.
HB 31, authorizing the public utilities commission to ac-
quire, as agent of the state, such railroad properties within the
state deemed to be necessary for continued and future railroad
operation for the benefit of the public, and making an appro-
priation therefor.
COMMITTEE OF CONFERENCE REPORT
SB 10, establishing a sire stakes program and a standard-
bred breeders and owners development agency.
388 House Journal, 2Apr74
(Printed SJ April 2)
Rep. Drake explained the amendment.
(discussion)
Committee of Conference report adopted.
COMMITTEE OF CONFERENCE REPORT
The committee of conference to which was referred HB 1,
making supplemental appropriations for expenses of certain
departments of the state for the fiscal years ending June 30,
1974, and June 30, 1975, and making other budgetary changes,
having considered the same, report the same with the follow-
ing recommendations:
That the House recede from its position of nonconcur-
rence with the Senate amendment, and adopt the amendment
to the bill as adopted by the Senate; and
That the House and Senate each adopt the following
amendments to the bill as amended by the Senate; and
That the House and Senate each pass the bill as amended
by the Senate with the following amendments:
Amend the bill by striking out paragraph II as inserted by
section 44.
Amend the bill by striking out section 46 and inserting in
place thereof the following new section 46:
46 Decreasing the Appropriation for the Division of Wel-
fare $681,700 in 1974. Amend 1973, 376:46, VII, (d) , (1) by
striking out the same and inserting in place thereof the follow-
ing:
(1) Case services:
Grants $712,000 $1,398,600
Total $712,000 $1,398,600
Estimated source of funds
for case services:
Federal $534,000 $1,048,950
General 178,000 349,650
Total $712,000 $1,398,600
House Journal, 2Apr74 389
Amend 1973, 376:14, IV as inserted by section 66 of the
bill by striking out the lines "Salaries of four assistant attorneys
general $54,382 $59,794, Other personal services: Permanent
28,994 30,407" and inserting in place thereof the following:
Salaries of four assistant
attorneys general
$54,382
$73,279
Other personal services:
Permanent
28,994
16,922
Amend section 70 of the bill by striking out said section
and inserting in place thereof the following:
70 Increasing the Appropriation to the Department of Re-
sources and Economic Development to Update the State Com-
prehensive Outdoor Recreation Plan, to Make Permanent the
Temporary Position of one Recreation Technician and Pro-
vide Additional out of State Travel Funds for the Office of the
Commissioner.
I There is hereby appropriated to the department of re-
sources and economic development the sum of $63,000 in addi-
tion to any other sums appropriated, for fiscal 1974 for the state
comprehensive outdoor recreation plan. The sum hereby ap-
propriated shall be a charge against federal fimds in the amount
of $31,500 and from funds not otherwise appropriated in the
amount of $31,500 for fiscal 1974. The sums hereby appropriated
shall not be transferred or used for any other purposes and shall
not lapse until June 30, 1975.
II There is hereby appropriated to the department of re-
sources and economic development, recreation services, in ad-
dition to any other sums appropriated, the following:
1974 1975
Personal services:
Permanent $1,954* $10,806
Other expenditures:
Benefits 176 974
Total $2,130 $11,780
Estimated source of
funds for recreation
services:
Transfer from BOR
390 House Journal, 2Apr74
Surcharge Escrow
Account
863
—
Recovery from BOR
Direct and/or
Indirect charges
—
5,890
General Fund
1,267
5,890
Total $2,130 $11,780
*New position of 1 recreation technician effective April 25,
1974.
The Governor is authorized to draw his warrant for the
sums hereby appropriated out of any money in the treasury not
otherwise appropriated.
Ill Amend 1973, 376:35, I (a) by striking out the line "Out
of state 1,200 1,200" and inserting in place thereof the
following:
Out of state 1,200 2,200
Amend section 72 of the bill by striking out said section
and inserting in place thereof the following:
72 Increasing the Appropriation for the Water Resources
Special Board by $2,000 in 1974, and $3,000 in 1975. Amend
1973, 376:36, III by striking out the lines "Other 4,500 4,500,
In state 4,000 4,000" and inserting in place thereof the follow-
ing:
Other 6,500 6,500
In state 4,000 5,000
Amend the bill by striking out section 74 and inserting in
place thereof the following new section:
74 Retirement Systems: Notice of Cost Increases to Local
Officials. Amend RSA 100-A:14, (supp) as inserted by 1967,
134:1, as amended, by inserting after paragraph XI the follow-
ing new paragraph:
XII. The state treasurer as agent for the board shall notify
the selectmen of all towns, all city councils, and the superin-
tendent or chief fiscal officer of all school districts within ten
days of the introduction and within thirty days of the enactment
of any legislative measure relative to the retirement systems
which would affect the retirement system costs to cities, towns
and school districts. For the purposes of this paragraph, "legisla-
tive measure" shall mean any bill or joint resolution introduced
House Journal, 2Apr74 391
in either the senate or the house of representatives but shall not
include amendments to bills or joint resolutions.
Amend 1973, 376:3, VI as inserted by section 88 of the bill
by striking out the line "Regional assistance 334,500** 330,-
000**" and inserting in place thereof the following:
Regional assistance 334,500** 330,000t
Further amend 1973, 376:3, VI as inserted in section 88 of
the bill by striking out the ** footnote and inserting in place
thereof the following:
**This appropriation shall be for the six regional planning
areas and may not be transferred or expended for any other
purpose.
fThis appropriation shall be for the six regional planning areas
and metropolitan central cities under the H.U.D. 701 program
and may not be transferred or expended for any other purpose;
provided $95,000 shall represent a continuation of the state
grants program to the regional planning commissions; and pro-
vided further, that no more than $70,000 of federal funds of
this appropriation may be spent for metropolitan central cities
and metropolitan planning regions under the H.U.D. 701 pro-
gram.
Amend the bill by striking out section 92 and inserting
in place thereof the following:
92 Authorizing the Department of Safety, Division of Mo-
tor Vehicles to establish a motor vehicle substation in the city
of Manchester and providing an appropriation therefor. There
is hereby appropriated to the department of safety, division of
motor vehicles, for the purpose of establishing a motor vehicle
substation in the city of Manchester the following:
1975
Personal services:
Permanent $5,855
Other 5,381
Current expenses 1,826
Equipment 2,811
Other expenditures:
Benefits 1,001
Total $16,874
392 House Journal, 2Apr74
The above amounts are appropriated in addition to any
other appropriation for the Department of Safety. The sums
appropriated shall be a charge against the highway fund and
shall not be transferred or used for any other purpose.
Amend section 94 of the bill by striking out said section
and inserting in place thereof the following:
94 Increasing the appropriation for the General Court by
$18,110 in 1974, and $45,755 in 1975. Amend 1973, 376:2, I,
(a) and (b) by striking out the same and inserting in place
thereof the following:
Fiscal 1974 Fiscal 1975
(a) Senate:
Personal services:
Members $6,050
Attaches $38,000 95,000
Current expenses 7,000 18,900
Travel — members and attaches 10,000* 53,001**
Equipment and capital
improvements 2,500 5,000
Other expenditures:
Membership fees 1,500 1,500
Legal services and
consultants 1,500 3,000
Benefits 3,420 8,500
Total $63,920 $191,001
Estimated source of funds
for senate:
General $63,920 $191,001
*Includes travel and expenses authorized by RSA 14-A:3
(supp) .
**In addition to travel allowed for attending sessions of the
general court, this sum shall include payments as authorized
by RSA 14-A:3 except that after a member fails of nomination
in a primary election or fails of election or shall have not filed
for re-election to his office, no expenses shall be allowed him
for out of state travel.
House Journal, 2Apr74 393
Fiscal 1974 Fiscal 1975
(b) House:
Personal services:
Members
$ -
$86,680
Attaches
82,299
232,998
Current expenses
23,000
47,422
Travel — members and
attaches
32,835*
505,000**
Equipment and capital
improvements
10,000
15,000
Other expenditures:
Membership fees
1,400
1,400
Legal services and
consultants
1,000
1,000
Standing and interim
committees
8,000
4,000
Speaker's special fund
500t
500t
Minority leader's special
fund
250t
250t
Benefits
7,407
20,413
Total
$166,691
$914,663
Estimated source of funds
for house:
General
$166,691
$914,663
*Includes travel and expenses authorized by RSA 14-A:3 (supp)
**In addition to travel allowed for attending sessions of the
general court, this sum shall include payments as authorized by
RSA 14-A:3 except that after a member fails of nomination in
a primary election or fails of election or shall have not filed for
re-election to his office, no expenses shall be allowed him for out
of state travel.
f To be fully accountable.
Amend section 100 of the bill by striking out said section
and inserting in place thereof the following:
100 Increasing the Appropriation for Legislative Post-
Audit. There is hereby appropriated to the legislative budget
assistant post-audit division, in addition to any other funds ap-
propriated, the sum of $15,000 for fiscal 1975 for consultants
394 House Journal, 2Apr74
The governor is authorized to draw his warrant for the sum
hereby appropriated out of any money in the treasury not other-
wise appropriated.
Amend the bill by striking out section 103 and inserting
in place thereof the following:
Transfer of Retirement System Members. Amend RSA
100-A:33-a (supp) , as inserted by 1973, 265:1, by striking out
in line five the word "April" and inserting in place thereof
the word (June) and by striking out in line seven the word
"February" and inserting in place thereof the word (May) so
that said section, as amended, shall read as follows:
100-A:33-a Additional Transfer of Members. All employees
of the other state retirement systems are hereby transferred to
the New Hampshire retirement system as of June 30, 1974; pro-
vided, however, that no member of said other retirement sys-
tems shall be transferred if on or before June 1, 1974 said
member shall notify the board of trustees, in writing, of his
desire to remain in his original system. Prior to May 1, 1974 the
board of trustees shall forward to each member a written ex-
planation of the difference between the two systems, a copy of
this act and a form on which to notify the board of his intent
to remain in the predecessor system.
Amend the bill by striking out section 104 and inserting
in place thereof the following sections:
104 Probate Judges' Costs and Expenses. Amend 1973,
376:11, III, by striking out said paragraph and inserting in
place thereof the following:
1974 1975
III Probate court:
Salaries of judges,
registers, and
deputy registers $246,109 $247,381
Other expenditures:
Expenses and costs of
probate judges and
printing in carrying
out RSA 547:33, 34 and 35 7,000g —
House Journal, 2Apr74 395
Administrative committee
of probate courts.
consultants
3,000g
—
Benefits
22,150
22,264
Total
$278,259
$269,645
Estimated source of
funds for probate
court:
General
$278,259
$269,645
105 Administrative Committee of Probate Courts, Con-
sultants. Amend RSA 547 by inserting after section 35 the fol-
lowing new section:
547:36 Administrative Committee, Consultants. The ad-
ministrative committee of probate courts established under
RSA 547:34 is hereby authorized and empowered to employ
consultants, within the limits of any appropriation made there-
for, to assist the committee in the performance of its duties
under this chapter.
106 Footnote Added to Provide For Appropriation Trans-
fer. Amend 1973, 476:41, VI by striking out the lines "Town
Road Aid 1,650,000 1,650,000" and inserting in place
thereof the following:
Town Road Aid 1,650,000* 1,650,000
Further amend 1973, 376:41, VI by inserting after said
paragiaph the following new footnote:
* Other provisions of law notwithstanding, the Commissioner
of Public Works and Highways shall allocate and pay a sum
not exceeding $67,500 from this appropriation not previously
allocated to other state municipalities as a state contribution
to the City of Portsmouth as a State contribution of 50% of the
total estimated cost of constructing a temporary emergency
access due to the failure of the Kearsarge Way bridge.
107 Effective Date. This act shall take effect upon its pas-
sage.
Sen. TroAvbridge
Sen. Green
Sen. Foley
Conferees on the Part of the Senate
396 House Journal, 2Apr74
Rep. Drake
Rep. Ferguson
Rep. Scamman
Rep. McGinness
Rep. John B. Goff
Conferees on the Part of the House
Rep. Drake explained the report.
Committee of Conference report adopted.
Rep. Sweeney wishes to be recorded against the report on
HBl.
Rep. Schwaner announced that Rep. Ainley has been
elected Vice President of the Owls.
Rep. Vesta M. Roy has a new grandson born at 2 p.m. To-
day.
RECESS
SENATE MESSAGE
ADOPTION COMMITTEE OF
CONFERENCE REPORT
SB 17, relative to the New Hampshire Port Authority, the
construction of fishing facilities at Portsmouth, Hampton and
Rye harbors, and the location of marine science docking and
related facilities for the university of New Hampshire and mak-
ing an appropriation therefor.
COMMITTEE OF CONFERENCE REPORT
The committee of conference to which was referred House
Bill 11 'An Act to increase the salaries of state classified em-
ployees and employees of the university system and providing
differential pay to classified prison employees and correctional
psychiatric aides at the New Hampshire Hospital and making
appropriations therefor', having considered the same, report
the same with the following recommendation:
That the House recede from its position in nonconcurring
with the Senate amendment, and
That the House concur in the adoption of the Senate
amendment, and
House Journal, 2Apr74 397
That the House and Senate each adopt the following
amendment to the bill and pass the bill as so amended:
Amend the bill by striking out all after section 8 and in-
serting in place thereof the following:
9 Hazardous Pay for Prison and New Hampshire Hospital
Personnel. Amend RSA 99 by inserting after section 9 the fol-
lowing new section:
99:10 N. H. State Prison and N. H. Hospital. Classified
employees at the state prison and the New Hampshire Hospital
who are continuously exposed to inmates or forensic patients
daily in the normal course of their duties shall be paid, in ad-
dition to their regular salary, hazardous duty pay in the amount
of twenty-five dollars per week.
10 Appropriation. There is hereby appropriated for the
fiscal year ending June 30, 1975 the sum of one hundred seventy-
nine thousand four hundred dollars for the purposes of section
9 of this act. The governor is authorized to draw his warrant
for the sums hereby appropriated out of any money in the
treasury not otherwise appropriated.
11 Differential Pay for Institutional Employees. Amend
RSA 99 by inserting after section 10 the following new section:
99:11 Differential Pay; Institutional Employees. To the
annual salaries of those classified employees at the N. H. Hos-
pital, Laconia State School and Training Center, and the N. H.
Youth Development Center who, on a daily basis, are actively
engaged in the care and treatment of patients or inmates, shall
be added a five dollar per week differential increase. The pro-
visions of this section shall not apply to those employees who
receive hazardous duty pay pursuant to RSA 99:10.
12 Appropriation. There is hereby appropriated for the
fiscal year ending June 30, 1975 the sum of two hundred sixty
thousand dollars for the purposes of section 11 of this act. The
governor is authorized to draw his warrant for the sums hereby
appropriated out of any money in the treasury not otherwise
appropriated.
13 Certain Unclassified Salaries. Amend RSA 94:l-a (supp)
as inserted by 1969, 500:12, as amended, by striking out the
lines:
398 House Journal, 2Apr74
Assistant Superintendent,
New Hampshire Hospital 23,000 27,000
Assistant Superintendent for
Professional Services 29,000 32,000
Board of taxation, members (3) 15,372 17,294
Commissioner of revenue administration 20,301 25,400
Deputy warden, state prison 13,158 16,486
Executive director. New Hampshire
transportation authority 17,000 18,000
Executive director, New Hampshire
housing commission 15,000 17,500
Senior physician /psychiatrist 24,000 28,000
Superintendent, New Hampshire
Hospital 30,000 32,500
Unit director. New Hampshire Hospital 26,000 30,000
Warden, state prison 20,485 22,484
and inserting in place thereof the following:
Assistant superintendent.
New Hampshire Hospital 23,957 28,123
Assistant superintendent for
professional services 30,206 33,331
Board of taxation, members (3) 16,011 18,013
Commissioner of revenue administration 21,146 26,457
Deputy warden, state prison 13,705 17,172
Executive director, New Hampshire
transportation authority 17,707 18,749
Executive director, New Hampshire
housing commission 15,624 18,228
Senior physician /psychiatrist 24,998 29,165
Superintendent, New Hampshire Hospital 31,248 33,852
Unit director. New Hampshire Hospital 27,082 31,248
Warden, state prison 21,337 23,419
14 Payments from Salary Adjustment Fund. For the bien-
nium ending June 30, 1975, funds necessary for the implemen-
tation of sections 10 and 12 of this act shall be a charge against
the salary adjustment fund, RSA 99:4.
15 Effective Date. This act shall take effect June 21, 1974.
Sen. Trowbridge
Sen. Green
Sen. Provost
Conferees on the Part of the Senate
House Journal, 2Apr74 399
Rep. McLane
Rep. Gallen
Rep. Weeks
Rep. William F. Kidder
Rep. Belcourt
Conferees on the Part of the House
Rep. McLane explained the amendment.
(discussion)
Committee of Conference report adopted.
SENATE MESSAGES
ADOPTION COMMITTEE OF
CONFERENCE REPORT
SB 10, establishing a sire stakes program and a standard-
bred breeders and owners development agency.
HB 11, to increase the salaries of state classified employees
and employees of the university system and providing differen-
tial pay to classified prison employees and correctional psychi-
atric aides at the New Hampshire Hospital and making appro-
priations therefor.
AFTER RECESS
COMMITTEE OF CONFERENCE REPORT
SB 9, legalizing special town meetings in Wilmot and Pitts-
field; and the Seabrook School District meeting.
(Printed SJ April 2)
Committee of Conference report adopted.
SENATE MESSAGE
DISCHARGE COMMITTEE OF CONFERENCE
HB 5, relative to the office of energy administrator.
The President appointed as new members Sens. Poulsen,
Stephen W. Smith and Sanborn.
CHANGE HOUSE CONFEREES
Reps. Plourde and Duhaime replacing Reps. Cushman and
Hildreth on HB 5.
400 House Journal, 2Apr74
UNANIMOUS CONSENT
Reps. Elmer L. Johnson and Daniel J. Healy addressed
the House by unanimous consent.
HB 30, relative to the civil commitment procedures in the
probate courts and detention and discharge procedures for the
mentally ill.
COMMITTEE OF CONFERENCE REPORTS
The committee of conference to which was referred HB
30, 'An Act relative to the civil commitment procedures in
the probate courts and detention and discharge procedures
for the mentally ill', having considered the same, report the
same with the following recommendations:
That the Senate recede from its position in adopting its
amendment to the bill, and
That the Senate and House each adopt the following new
amendment to the bill and pass the bill as so amended:
Amend the bill by striking out section 6 and inserting in
place thereof the following:
6 Authorization of Clerical Expenses. Amend 1973, 556:8
by striking out said section and inserting in place thereof the
following:
556:8 Appropriation. The sum of one hundred thousand
dollars is appropriated to the department of health and wel-
fare, division of mental health for the biennium ending June
30, 1975 to provide for the probate court hearings as provided
in RSA 135-B, as inserted by section 1 of this act, and as pro-
vided in section 7 of this act. The per diem compensation of
probate court judges and attorneys, who represent indigent
patients or indigent persons sought to be admitted, the costs
to the state and to indigent persons of transcripts or recordings
of hearings, the cost of witness fees for indigent patients or in-
digent persons sought to be admitted, the costs of an examina-
tion of indigent persons by a psychiatrist prior to a hearing for
involuntary admission, the costs of clerical expenses incurred by
the registers of probate, plus other expenses incidental to such
hearings, shall be a charge upon the funds hereby appropriated.
An attorney for a legal services corporation organized under
RSA 292: 1-a who represents an indigent patient or indigent
person sought to be admitted shall be entitled to the per diem
House Journal, 2Apr74 401
compensation hereinbefore provided, but no such attorney
may receive more than one hundred fifty dollars per case ex-
cept upon special application to, and approval by, the probate
court. The attorney general is authorized to employ one or
more consultants to represent the state in accordance with the
provisions of this act and the register of probate of Merrimack
County is authorized to employ an assistant to handle the
additional work attributable to the provisions of this act which
shall be a charge upon the funds herein appropriated to the
division of mental health. The governor is authorized to draw
his warrant for the sums hereby appropriated out of any money
in the treasury not otherwise appropriated.
Amend RSA 548:I4-b as inserted by section 7 of the bill
by striking out said section and inserting in place thereof the
following:
548:14-b Merrimack County. The Merrimack county reg-
ister of probate may employ and deputize an assistant for a
specific assignment. Such assistant shall not be subject to the
provisions of RSA 548:20 or RSA 94: 1.
Amend the bill by striking out section 8 and inserting in
place thereof the following:
8 Legal Counsel for Indigents. Amend RSA 135-B:6
(supp) as inserted by 1973, 556:1 by striking out said section
and inserting in place thereof the following:
135-B:6 Legal Services; Payment; Appointment. The pa-
tient or person sought to be admitted shall pay the costs of the
legal services rendered in connection with hearings held pur-
suant to this chapter. If the patient or person sought to be ad-
mitted is not able to pay for counsel, the court shall immediate-
ly appoint either a member of New Hampshire Legal Assis-
tance, or its successor organization, or another attorney who
shall be compensated for his services at the same rate as ap-
p>ointed counsel in a criminal case heard before the superior
court.
9 Effective Date. This act shall take effect upon its pas-
sage.
Sen. Porter
Sen. Jacobson
Sen. Bossie
Conferees on the Part of the Senate
402 House Journal, 2Apr74
Rep. George B. Roberts, Jr.
Rep. Nighswander
Rep. McManus
Rep. Bednar
Rep. Dudley
Conferees on the Part of the House
Rep. George B. Roberts, Jr. explained the committee of
conference report.
Committee of Conference report adopted.
SB 23, relative to the membership of municipal planning
boards and providing for the creation of cooperative regional
planning commissions.
(Printed SJ April 2)
Rep. Hanson explained the committee of conference re-
port.
(discussion)
Committee of conference report adopted.
SENATE MESSAGE
ADOPTION COMMITTEE OF CONFERENCE
REPORTS
HB 30, relative to the civil commitment procedures in the
probate courts and detention and discharge procedures for the
mentally ill.
SB 9, An Act legalizing: certain special town meetings in
Wilmot, Pittsfield, and Salem; 1974 annual town meetings in
Rye, New Castle, Exeter, Salisbury and Brentwood; the Sea-
brook and Gilford school district meetings; the special Hamp-
ton Falls school district meeting; the Warner village fire dis-
trict proceedings; the February 19, 1974 postings of March 5,
1974 town and school meetings; and a special town meeting and
the 1974 annual town meeting in Enfield.
RECESS
House Journal, 2Apr74 403
AFTER RECESS
ENROLLED BILLS REPORT
HB 4, providing supplemental grants to families with de-
pendent children and making an appropriation therefor and
authorizing consolidated grant standards for categorical assis-
tance excluding shelter.
HB 18, requiring local option for siting of oil refineries.
HB 35, providing for twenty years retirement for mem-
bers of group II under the New Hampshire Retirement Sys-
tem, permitting the transfer of members of the New Hamp-
shire Firemen's Retirement System and of the New Hampshire
Policemen's Retirement System into the New Hampshire Re-
tirement System and making an appropriation therefor.
HB 29, relative to tuition payments for handicapped chil-
dren; amending the appropriation for same; defining a handi-
capped child as a person up to the age of twenty-one; and pro-
viding for educational and other expenses in public institu-
tions.
HB 2, making appropriations for capital improvements.
HB 34, relative to energy facility evaluation, siting, con-
struction and operations; providing for a tax on refined petro-
leum products; and establishing an energy facility study com-
mittee.
HB 1, making supplemental appropriations for expenses
of certain departments of the state for the fiscal years ending
June 30, 1974 and June 30, 1975 and making other budgetary
changes.
Maurice W. Read
For The Committee
SENATE MESSAGE
ADOPTION COMMITTEE OF CONFERENCE
REPORT
SB 23, relative to the membership of niuiiicipal plainiing
boards and providing for the creation of cooperative regional
planning commissions.
404 House Journal, 2Apr74
Rep. Arthur F. Mann moved that the committee of con-
ference on HB 5, relative to the office of energy administrator,
be discharged and a new committee of conference be estab-
lished.
Adopted.
The Speaker appointed Reps. Arthur F. Mann, Harry C.
Parker, Hager, Roderick H. O'Connor and Joseph I.. Cote.
COMMITTEE OF CONFERENCE
CONFEREE CHANGE
HB 5, relative to the office of energy administrator. Rep.
Altman replacing Rep. Joseph L. Cote.
COMMITTEE OF CONFERENCE
CONFEREE CHANGE
SB 27, to better protect the safety of New Hampshire citi-
zens and law enforcement officers by changing penalties for
homicide in certain circumstances, Rep. Paul McEachern re-
placing Rep. Hildreth.
Rep. Arthur F. Mann moved that the committee of con-
ference on HB 5, relative to the office of energy administrator,
be discharged and a new committee of conference established.
Rep. George E. Gordon spoke in favor of the motion.
(discussion)
Reps. Plourde, Sayer and Curran spoke in favor of the mo-
tion.
At the request of Rep. Kenneth W. Spalding, Rep. Cur-
ran answered questions.
Rep. Daniell spoke against the motion.
Reps. Stevenson and Sununu spoke in favor of the motion.
Rep. George E. Gordon spoke a second time in favor of
the motion.
A division was requested and subsequently withdrawn.
Motion adopted.
House Journal, 2Apr74 405
The Speaker appointed Reps. Chase, Hager, Daniels, Alt-
man and Plourde.
RECESS
AFTER RECESS
ENROLLED BILLS AMENDMENT
HB 11, to increase the salaries of classified employees and
employees of the university system and the New Hampshire
Network and providing differential pay to classified prison em-
ployees and correctional psychiatric aides and providing nurses'
reclassification at the New Hampshire Hospital and Laconia
State School and making appropriation therefor.
Amend section 14 of said bill by striking out the same and
inserting in place thereof the following:
14 Deficiency Payments from Salary Adjustment Fund. In
the event the appropriations made by sections 10 or 12 or both
are not sufficient for the purposes appropriated, any balance
needed to fully implement the provisions of RSA 99:10 and 11
shall be a charge against the salary adjustment fund established
by RSA 99:4 and said balance is hereby appropriated.
The clerk read the amendment in full.
Adopted.
RECESS
ENROLLED BILLS REPORT
HB 33, relative to the Winnipesaukee River Basin Con-
trol; and providing for continuation of the study committee
on water supply and pollution control commission.
SB 17, relative to the New Hampshire Port Authority, the
construction of fishing facilities at Portsmouth, Hampton and
Rye harbors, and the location of marine science docking and
related facilities for the university of New Hampshire and mak-
ing an appropriation therefor.
SB 10, establishing a sire stakes program and a standard-
bred breeders and owners development agency, and making an
appropriation therefor.
406 House Journal, 2Apr74
SB 9, legalizing: certain special town meetings in Wil-
mot, Pittsfield, Enfield, Salisbury, and Salem: 1974; annual
town meetings in Rye, New Castle, Exeter, Salisbury, Enfield,
Brentwood, Chester and Bethlehem; the Seabrook, Gilford
and Haverhill school district meetings; the special Hampton
Falls school district meeting; the Warner village fire district
proceedings; and the February 19, 1974 postings of March 5,
1974 town and school meetings.
SB 23, relative to the membership of municipal planning
boards, conservation commissions and historic district com-
missions.
HB 31, authorizing the public utilities commission to ac-
quire, as agent of the state, such railroad properties within the
state deemed to be necessary for continued and future railroad
operation for the benefit of the public and authorizing bond-
ing therefor; provided that if the 1975 General Court by vote
of both houses prior to March 13, 1975 evidences its approval
the foregoing authority shall on that date be transferred to the
New Hampshire irarisportation authority and the public utili-
ties commission's authority shall be terminated.
HB 30, relative to the civil commitment procedures in the
probate courts and detention and discharge procedures for the
mentally ill.
HB 11, to increase the salaries of classified employees and
employees of the university system and the New Hampshire
Network and providing differential pay to classified prison em-
ployees and correctional psychiatric aides and providing nurses'
reclassification at the New Hampshire Hospital and Laconia
State School and making appropriations therefor.
Maurice M. Read
For The Committee
AFTER RECESS
Rep. Chase explained the committee of conference report
on HB 5, relative to the office of energy administrator.
Rep. Daniell moved that the Committee of Conference on
HB 5 be discharged and spoke in favor of the motion.
(discussion)
Adopted.
House Journal, 2Apr74 407
COMMITTEE OF CONFERENCE REPORT
The committee of conference to which was referred HB
24, 'An Act permitting the use of changeable effective date
designations, such as decals, on all motor vehicle and boat
registration plates; authorizing the governor and council to
establish temporary speed laws; exempting certain functions
relative to motor vehicles and highways from the provisions of
the administrative procedures act; and exempting the depart-
ment of fish and game from procedural requirements of their
rule making under Title XVIII, until June 30, 1975.', having
considered the same report the same with the following recom-
mendation:
That the Senate recede from its position in adopting its
amendment to the bill, and
That the Senate and House each adopt the following new
amendment to the bill and pass the bill as so amended.
Amend the bill by striking out section 1 1 and inserting in
place thereof the following:
1 1 Replacement Plates. Amend RSA 260 by inserting after
section 9 the following new section:
260:9-a Replacement of Motor Vehicle Plates. In the event
the director of motor vehicles issues changeable effective date
designations, and one or both number plates previously issued
to the registered owners, including initial number plates and
other special plates, have become damaged, mutilated, illegible
or lost, said registered owner may apply in writing to the di-
rector for either one or two replacement plates, alleging that
said plate or plates are damaged, mutilated, illegible or lost,
and if the director finds that the allegation is true, the director
shall issue without charge either one or two replacement plates.
An application for one or two replacement plates, under this
section, shall be considered only once each registration year
and only during the period of years that changeable date desig-
nations are utilized, in all other cases plate replacement shall
be made pursuant to RSA 263:4.
Further amend the bill by striking out all after section 13
and inserting in place thereof the following:
14 Exemption for Town Permit. Amend RSA 260:28
(supp) , as amended, by striking out said section and inserting
in place thereof the following:
408 House Journal, 2Apr74
260:28 Exemption of Amputee and Other Disabled Vet-
erans. No fee shall be charged for permit to register a motor
vehicle owned by a veteran of world wars I or II, the Korean
conflict, or the Vietnam conflict who because of being an ampu-
tee, paraplegic or having suffered loss or use of a limb from a
service connected cause, as certified by the United States vet-
erans administration, has received said motor vehicle from the
United States government or cash settlement in lieu thereof;
or because of a disability incurred in, or aggravated by such
service, and upon satisfactory proof that the veteran is evalu-
ated by the United States veterans administration to be totally
and permanently disabled from such service connected dis-
ability.
15 Exemption for State Registration Fee. Amend RSA
262: 1, XIII (supp) , as amended, by striking out said paragraph
and inserting in place thereof the following:
XIII. No fee shall be charged for registering a motor ve-
hicle owned by a veteran of world wars I or II, the Korean
conflict, or the Vietnam conflict who, because of being an am-
putee, paraplegic or having suffered loss or use of a limb from
a service connected cause, as certified by the United States vet-
erans administration, has received said motor vehicle from the
United States government, or cash settlement in lieu thereof,
and no fee shall be charged for registering a motor vehicle with
special equipment which said amputee, paraplegic or disabled
veteran may acquire to replace one received from the United
States government. The provisions of this paragraph shall ap-
ply to a veteran who, because of a disability incurred in, or
aggravated by such service, and upon satisfactory proof that the
veteran is evaluated by the United States veterans administra-
tion to be permanently and totally disabled from such service
connected disability.
16 Exemption from Operator's License Fee. Amend RSA
262:11, IV (supp) , as amended, by striking out said paragraph
and inserting in place thereof the following:
IV. No fee shall be charged for an operator's license issued
to a disabled veteran who because of being an amputee or a
paraplegic, has received a motor vehicle from the United States
government. The provisions of this paragraph shall apply to
House Journal, 2Apr74 409
a veteran who, because of a disability incurred in, or aggra-
vated by such service, and upon satisfactory proof that the
veteran is evaluated by the United States veterans administra-
tion to be permanently and totally disabled from such service
connected disability.
17 Free Parking Privilege. Amend RSA 249:4 (supp) ,
as amended, by striking out said section and inserting in place
thereof the following:
249:4 Free Parking. Any motor vehicle carrying special
license plates issued to paraplegic, amputee or blind war vet-
erans pursuant to RSA 260:17 and RSA 260:18, and any motor
vehicle used for a purpose, or by a person, designated by a city
council or town meeting, shall be allowed free parking time
in any city or town so long as said motor vehicle is under the
direct control of the owner. The provisions of this section shall
apply to a veteran who, because of a disability incurred in, or
aggravated by such service, and upon satisfactory proof that
veteran is evaluated by the United States veterans administra-
tion to be permanently and totally disabled from such service
connected disability.
18 Special License Plates. Amend RSA 260:17 (supp), as
amended, by striking out said section and inserting in place
thereof the following:
260:17 Special License Plates for Motor Vehicles for Am-
putee, Paraplegic and Totally Disabled Veterans. The director
shall furnish without charge for one motor vehicle owned by
a veteran who because of being an amputee, or paraplegic, has
received said motor vehicle from the United States govern-
ment or whose vehicle is to replace one so received, or who
is evaluated by the United States veterans administration to
be permanently and totally disabled from such service con-
nected disability, a special license plate. The director shall
determine the form, shape and color of said special license plate
and shall also determine the information to be contained there-
on.
19 Effective Date.
L Sections 1, 2, 3, 4, 9, 10, 12, 13, 14, 15, 16, 17 and 18
of this act shall take effect on passage.
410 House Journal, 2Apr74
II. Section 5, 6, 7, 8 and 11 of this act shall take effect
January 1, 1975.
Sen. Porter
Sen. McLaughlin
Sen. Roger A. Smith
Conferees on the Part of the Senate
Rep. Hamel
Rep. Conley
Rep. Akerman
Rep. Duhaime
Rep. D'Amante
Conferees on the Part of the House
Rep. Hamel explained the committee of conference report.
Committee of Conference Report Adopted.
QUORUM COUNT
Rep. Nighswander requested a quorum count.
287 members having answered, a quorum was declared
present.
COMMITTEE OF CONFERENCE REPORT
SB 27, to better protect the safety of New Hampshire citi-
zens and law enforcement officers by changing penalties for
homicide in certain circumstances.
(Printed SJ April 2)
Rep. Twigg explained the committee of conference report.
At the request of Rep. Spirou, Rep. Currier ans^vered ques-
tions.
Rep. Bergeron non-spoke against committee of conference
report on SB 27.
A division was requested.
It being manifestly in the affirmative, the Committee of
Conference Report on SB 27 was adopted.
Rep. Parr v;ished to be recorded in favor of SB 27.
Reps. Leonard Smith, Underwood, Dudley, Hildreth, and
Chambers wished to be recorded against SB 27.
House Journal, 2Apr74 411
SENATE MESSAGE
ADOPTION COMMITTEE OF CONFERENCE
REPORTS
SB 27, to better protect the safety of New Hampshire citi-
zens and law enforcement officers by changing penalties for
homicide in certain circumstances.
HB 24, permitting the use of changeable effective date
designations, such as decals, on all motor vehicle and boat regis-
tration plates; authorizing the governor and council to estab-
lish temporary speed laws; exempting certain functions relative
to motor vehicle and highways from the provisions of the ad-
ministrative procedures act; and exempting the department of
fish and game from procedural requirements of their rule mak-
ing under Title XVIII, until June 30, 1975.
COMMITTEE OF CONFERENCE REPORT
SB 2, to provide fairer real estate taxes for the elderly
through a partial exemption from real estate taxes for persons
sixty-five years of age or older, under certain circumstances,
and compensating cities and towns for consequent loss of tax
base and making an appropriation therefor, and making certain
revisions in the homeowners' exemption law.
(Printed SJ April 2)
Rep. Sayer explained the committee of conference report.
(Rep. Chase in the Chair)
(discussion)
Reps. Read and Sununu spoke in favor of the committee
of conference report.
(Speaker in the Chair)
Reps. Splaine, George E. Gordon and Paul McEachern
spoke against the committee of conference report.
Rep. Albert C. Jones spoke in favor of the committee of
conference report.
Reps. Harvell, George I. Wiggins, Gerry F. Parker and
Hall non-spoke in favor of the committee of conference report.
412 House Journal, 2Apr74
Rep. Belair spoke in favor of the committee of conference
report.
Rep. George E. Gordon requested a roll call.
Seconded by Reps. Harrison, Splaine, DeCesare, Elizabeth
E. Goff, Hodgdon, Palfrey, Connors and Webb.
ROLL CALL
YEAS: 206 NAYS: 83
YEAS
Merrimack County:
Kidder, William F., Thompson, Arthur E., Bigelow, Jones,
Donald P., Parker, Harry C, Deoss, Hanson, Boucher, Laurent
J., Rice, Goff, John B., Bartlett, Perkins, John B., Cushman,
Thompson, Doris L., Humphrey, James A., Gate, Andersen,
Chris K., Davis, Alice, McLane, Newell, Jones, H. Gwendolyn,
Rich, Underwood, Wilson, Ralph W., Woodward, Hager,
Noble.
Rockingham County:
King, Stimmell, Benton, Boucher, William P., Kashulines,
Skinner, Soule, Thibeault, George J., Barka, Gibbons, Gorman,
Read, Senter, Belair, Campbell, Lemay, Roy, Vesta M., Sayer,
Southwick, Sununu, Spollett, Webster, Clarence L., Cummings,
Erler, Goodrich, Hoar, Sanborn, Schwaner, Simard, Tavitian,
Rogers, Hamel, Akerman, Parr, Smith, Tony, Junkins, Page,
Stevens, Elliot A., Ellis, Greene, Hammond, Lockhart.
Strafford County:
Tirrell, Joncas, Maloomian, Chasse, Peter N., Tanner,
Tibbetts, Thompson, Barbara C, Winkley, Preston, Tripp,
Leighton, Bernard, Donnelly, Kincaid, Parnagian, Rowell.
Sullivan County:
Townsend, Sara M., Barrus, Spaulding, Roma A., Tucker,
Burrows, D'Amante, Lewko, Frizzell, Olden, Wiggins, George I.
Belknap County:
Lawton, Matheson, Wuelper, Bowler, Roberts, George B.,
Twigg, Pierce, Maguire, Murray, James W.
Carroll County:
Conley, Chase, Claflin.
House Journal, 2Apr74 413
Cheshire County:
Johnson, Edward A., Johnson, Ehner L., Ladd, Whipple,
Savage, Forcier, Gordon, Anne B., Milbank, Turner, Streeter,
Cooke, Close, Nims, Drew, Scranton.
Coos County:
Hunt, Burns, Kidder, Victor L., Oleson, Valliere.
Grafton County:
Curran, Gallen, Fimlaid, Bradley, Richard L., Jones, An-
thony K., Mann, Ezra B., Altman, Jones, Albert C, Warren,
Roger K., Buckman, Harrison, Bell, Krainak, Bradley, David J.,
Chambers, Copenhaver, Nutt, Duhaime, Eaton, Myrl R., Sy-
mons, Townsend, Madeline G.
Hillsborough County:
Humphrey, Howard S., Withington, Eaton, Clyde S.,
Heald, Philip C, Warren, E. George, Colburn, Archambault;
Orcutt, Knight, Roy, Antonio J., Perkins, Arnold B., Harvell,
Nelson, Van Loan, Bragdon, Coburn, Ferguson, Langdell, Boyd,
Hall, Carswell, Dwyer, Geiger, Bergeron, Smith, Leonard A.,
Currier, Seamans, Ethier, McLaughlin, Cobleigh, Parker, Gerry
F., Record, Zechel, Tropea, Woodruff, Cote, Margaret S., Ga-
briel, Lefebvre, McGlynn, Boisvert, Mason, Daniels, Milne,
Zachos, Nardi, Cullity, Healy, Daniel J., McDonough, Clancy,
Drewniak, Sullivan, Mary J., MacDonald, O'Neil, Dorthea M.,
Thibeault, P. Robert, Burke, Grady, O'Connor, Timothy K.,
Gillmore.
NAYS
Merrimack County:
Chandler, Enright, Gamache, Gordon, George E., Plourde,
Kopperl, Mattice, Wiggin, Elmer S., Daniell.
Rockingham County:
Davis, Roy W., Wilson, Helen F., MacGregor, DeCesare,
Goff, Elizabeth E., Brown, Benjamin A., CoUishaw, Eastman,
Twardus, Scamman, Wolfsen, Maynard, Palfrey, Splaine, Dame,
McEachern, Joseph A., Connors, Hodgdon, McEachern, Paul.
Strafford County:
Dawson, Harvey, Colby, Dudley, Bouchard, Ruel, O'Con-
nor, Roderick H., McManus.
414 House Journal, 2Apr74
Sullivan County:
Rousseau, Brodeur, Scott.
Belknap County:
French, Marsh, Nighswander, Hood, Hildreth, Randlett,
Sabbow.
Carroll County:
Howard, Donalda K., Davis, Dorothy W., Allen, Webster,
T. Anne.
Cheshire County:
Stevens, Anthony, Marshala.
Coos County:
Huggins, Metcalf, Bushey, Fortier, Pryor, Brungot, Gag-
non, Rebecca, Theriault.
Grafton County:
Stevenson, Clark, Anderson, Fayne E., Webb.
Hillsborough County:
Eaton, Joseph M., Mann, Arthur F., Murray, Fred E.,
Thomson, Harold E., Spalding, Kenneth W., Lyons, Alukonis,
Bednar, Rock, Coutermarsh, Erickson, Lebel, Murphy, Spirou,
Bruton, Gardner, Taber, Sweeney, Normand.
and Committee of Conference Report on SB 2 was adopted.
SENATE MESSAGE
ADOPTION COMMITTEE OF CONFERENCE
REPORT
SB 2, to provide fairer real estate taxes for the elderly
through a partial exemption from real estate taxes for persons
sixty-five years of age or older, under certain circumstances, and
compensating cities and towns for consequent loss of tax base
and making an appropriation therefor, and making certain re-
visions in the homeowners' exemption law.
On motion of Rep. Chase the House recessed until 11:00
a.m. tomorrow.
AFTER RECESS
House Journal, 2Apr74 415
ENROLLED BILLS REPORT
HB 24, permitting the use of changeable effective date des-
ignations, such as decals, on all motor vehicle and boat registra-
tion plates; authorizing the governor and council to establish
temporary speed laws; exempting certain functions relative to
motor vehicle and highways from the provisions of the admin-
istrative procedures act; and exempting the department of fish
and game from procedural requirements of their rule making
under Title XVIII, until June 30, 1975; and providing certain
free motor vehicle privileges to disabled veterans.
SB 27, to better protect the safety of New Hampshire citi-
zens and law enforcement officers by changing penalties for
homicide in certain circumstances.
SB 2, to provide fairer real estate taxes for the elderly
through a partial exemption from real estate taxes for persons
sixty-five years of age or older, luider certain circumstances,
and compensating cities and towns for consequent loss of tax
base and making an appropriation therefor, and making certain
revisions in the homeowners' exemption law.
Maurice W. Read
For the Committee
COMMUNICATIONS
To the Honorable Members of the
New Hampshire General Court
I have allowed House Bill 37, a bill to repeal the prohibi-
tion against hitchhiking and soliciting of rides on some high-
ways in the state, to become law without my signature.
Some 42 Representatives petitioned me to veto the bill.
A number of Legislators spoke to me personally, urging a veto.
Several la^v enforcement officials also asked me to veto it.
House Bill 37 and its predecessor in the regular session,
both sponsored by Representative Gerry Parker, have had a
strange legislative history.
In the regular session a bill to repeal RSA 262-A:38, the
hitchhiking statute, passed both houses of the Legislature with
little difficulty.
416 House Journal, 2Apr74
Thereafter the bill which should have gone to the Gov-
ernor for his action mysteriously disappeared. Although passed
by the Legislature it never arrived at the Governor's office.
Some months later it was miraculously discovered in a desk
drawer.
The subject matter was reintroduced in the special session
as House Bill 37. This was done only ^vith the approval of the
powerful Rules Committee.
There was a public hearing on the bill at which no legisla-
tor spoke against it. Only one law enforcement official and one
state official appeared against the bill.
It literally sailed through both houses for a second time.
Now when it has reached the Governor's desk, I am sud-
denly urged to veto it by voices of opposition strangely silent
until this moment.
Actually, I think this is a poor law. Instead of repealing
our hitchhiking statute I believe its scope should be widened
and its effect strengthened.
Hitchhikers have been stopped by the police on more than
one occasion and found carrying drugs.
Homosexuals are known to have an eye on the make for
hitchhikers.
Hitchhiking can and frequently is fraught with danger for
both hiker and driver. It definitely should be discouraged. But
it never will be if a bill to repeal the prohibition against hitch-
hiking can with ease negotate the perilous legislative obstacle
course.
A veto would not in this case solve the problem. Only a
seriously aroused public can do that by means of an effective
educational program.
If hitchhiking is inherently dangerous, as I believe it to be,
then we should enact a sound, comprehensive hitchhike law. I
am prepared to join forces with all law enforcement branches to
achieve such a goal.
But veto of a bill twice passed with only minor opposition
is not the way to a good hitchhike law.
Meldrim Thomson, Jr.
House Journal, 2Apr74 417
To the Honorable Members of the
New Hampshire General Court
With genuine concern I approve Senate Bill 3. In the
regular session I vetoed similar legislation.
This bill provides for a 40 hour work week for law enforce-
ment employees and adds to their annual salary compensation
equivalent to 8 hours per week or 416 hours per year.
It applies to liquor investigators, safety inspectors, motor
vehicle investigators, probation officers and all law enforcement
employees of the Department of Resources and Economic De-
velopment.
It will cost the taxpayers of our State an extra $68,081 per
year.
A similar bill passed in the regular session received my veto
because it represented special legislation for a small group of
recipients. I believe that this kind of legislation should include
all state employees, not just a select few.
Since taking office I have pleaded with the Legislature to
adopt uniform legislation providing time and a half for all state
employees who work 40 hours or more.
Twice in this special session I asked, through my aides, that
the Senate consider holiday pay for conservation officers and yet
no provision was made for this very worthy segment of our law
enforcement arm in the State.
When I called the Legislature into special session it was to
take care of a few important emergency matters. This bill does
not fall into the category of urgent or emergency legislation. It
is unfortunate indeed to add $68,000 a year to the tax burden
carried by our people and then provide only for a small segment
of those state employees who deserve time and a half pay when
working over 40 hours.
This is piecemeal and pressure legislation. It is unfortunate
to enact it and leave undone what should be done for all em-
ployees.
I sincerely hope that at the next session the Legislature will
exhibit that statesmanship that from time to time flashes bright-
ly across the oft dull pages of its journals; and correct the great
418 House Journal, 2Apr74
inequity that exists for all state employees who are not yet paid
time and a half for all time over 40 hours per week.
Meldrim Thomson, Jr.
To the Honorable Members of the
New Hampshire General Court
I have signed with pleasure House Bill 21, which provides
that the State Department of Education may designate and
review the standards of non-public schools which will receive
state funds.
Never again will the State have to go through the torment
of being unable to deal adequately with situations such as the
Rivendell School in Loudon in which State money was pay-
ing for pupils in the school but the State had no authority to
approve or disapprove its educational program.
House Bill 21 also provides for a chancellor to be appointed
to supervise the University system. It will provide a more co-
ordinated approach to our three-campus University network at
Keene, Plymouth and Durham. This will allow the University
presidents to devote their full time to maintaining good educa-
tional standards and administration at their respective campuses,
while the chancellor will be able to foster cooperation and co-
ordination so badly needed in this time of spiraling education
costs.
Meldrim Thomson, Jr.
To the Honorable Members of the
New Hampshire General Court
I am happy to sign SB 26 which provides for retirement
benefits for Supreme Court Justices and Superior Court Judges.
Shortly after I assumed office I appointed a Governor's
Commission on Court System Improvement under the chair-
manship of Superior Court Judge Maurice Bois.
The Commission has worked conscientiously on an in-
depth review of the judicial system of New Hampshire. This
bill is the first concrete result of the extensive study of the
Governor's Commission.
House Journal, 2Apr74 419
While the Commission has not completed its review of the
judicial system in its entirety it felt that there was a real need
to provide a retirement system for Supreme Court Justices and
Superior Court Judges.
Without a responsible retirement system for our judiciary
it will become more and more difficult to attract outstanding
lawyers to serve the citizens of this state as judges.
Senate Bill 26 is a constructive piece of legislation that
will provide that after age 70 a judge will receive 3^ of his
salary and that in the event of his death, that his widow and
family will receive 1/4 of his annual salary.
I especially commend the Governor's Commission on
Court System Improvement for its continuing efforts towards
modernizing our judiciary in New Hampshire.
Meldrim Thomson, Jr.
To the Honorable Members of the
New Hampshire General Court
I am happy to sign Senate Bill 12 and thus improve the
condition of the approximate 20,000 persons who own mobile
homes. With this legislation it should be clear that New Hamp-
shire accepts mobile homes as an intregal part of the housing
facilities for our people.
In its original form as proposed by Senator Nixon, Senate
Bill 12 provided that the Attorney General become involved in
the drafting, approval and enforcement of regulations effective
in mobile home parks. This proposition was deemed unaccep-
table by the Attorney General and by tenant and parkowner
spokesmen alike. The bill was then completely changed and in
its new form marks a significant step forward in this important
aspect of New Hampshire's housing market.
In its totally amended form it adjusts the mobile home-
owner's "bill of rights" so-called, by requiring park owners to
plainly post the law and all of their regulations, which under
the present law must be reasonable. The new bill strengthens
the rules protecting tenants while restoring incentives for the
development of good mobile home parks to meet the housing
needs of our citizens.
420 House Journal, 2Apr74
The combined support of tenants and park owners is espe-
cially gratifying since it marks a new era of mutual progress
towards better housing for the people of New Hampshire.
Meldrim Thomson, Jr.
RECESS
House Clerk's Office
PROCEDURES FOR BILL HANDLING
FOLLOWING FINAL ACTION
1. Final action by both bodies.
2. Presented to Secretary of State for enrolling.
3. From Secretary of State to Office of Legislative Services
for enrolling process.
4. Following technical process bill is returned to Secretary of
State.
5. Secretary of State prepares report for the committee on
enrolled bills.
6. If an enrolled bills amendment is required, the Office of
Legislative Services prepares the enrolled bills amendment
and report. After both houses have adopted the amendment
the bill is returned to the Office of Legislative Services for
final enrolling process. After process is completed, bill is
returned to Secretary of State for the preparation of the
report of the enrolled bills committee.
7. In the case of an enrolled bills report, a member of the
committee in each house signs the report for his respective
house.
8. In all cases the reports are distributed simultaneously. In
the event of an enrolled bills amendment, the joint com-
mittee on enrolled bills offers the enrolled bills amendment
to the last house to have possession for adoption and then
to the second house for adoption.
9. Both houses must adopt the enrolled bills committee re-
port.
House Journal, 2Apr74 421
10. After each house has adopted the enrolled bills report the
clerk of each house notifies the Secretary of State.
11. The Secretary of State shall present the bill to the clerks of
each house for docketing and to the presiding officers of
both houses for signature.
12. Secretary of State presents bill to Governor for action and
messages the date and time of the presentation to the clerks
of both houses.
13. Governor takes action on bill and returns to Secretary of
State.
14. Secretary of State messages the date and time of bill's re-
turn to him and the action by the Governor to the clerks
of both houses.
15. The clerks of both houses will cause to be printed in the
journal the reports sent by the Secretary of State.
BILLS PRESENTED TO THE GOVERNOR
ON MARCH 28, 1974
SB 7, relative to capital improvements to the Mount Wash-
ington summit and making an appropriation therefor.
SB 26, providing for retirement benefits for supreme and
superior court justices.
SB 31, authorizing the cities of Berlin and Keene to ac-
quire, develop and operate industrial parks within each such
city and to aid the construction and expansion of industrial
facilities within each such city by the issue of revenue bonds.
SJR 3, establishing a committee to study highway safety
and motor vehicle weight, length and width requirements.
BILLS SIGNED BY THE GOVERNOR:
April 1, 1974
HB 27, relative to amending certain provisions of the Off
Highway Recreational Vehicle Law, RSA 269-C.
HB 32, relative to the commission and taxes on pari-mutuel
pools at dog tracks.
BILL ENACTED IN ACCORDANCE WITH ARTICLE
44, Pt. II OF THE N. H. CONSTITUTION, WITHOUT
SIGNATURE OF GOVERNOR, April 2, 1974.
422 House Journal, 2Apr74
HB 3, relative to establishment of a food stamp program
and making an appropriation therefor.
BILLS PRESENTED TO THE GOVERNOR
April 3, 1974
HB 1, making supplemental appropriations for expenses
of certain departments of the state for the fiscal years ending
June 30, 1974 and June 30, 1975 and making other budgetary
changes.
HB 2, making appropriations for capital improvements.
HB 4, providing supplemental grants to families with de-
pendent children and making an appropriation therefor and
authorizing consolidated grant standards for categorical assis-
tance excluding shelter.
HB 11, to increase the salaries of classified employees and
employees of the university system and the New Hampshire
Network and providing differential pay to classified prison em-
ployees and correctional psychiatric aides and providing nur-
ses' reclassification at the New Hampshire Hospital and Laconia
State School and making appropriations therefor.
HB 18, requiring local option for siting of oil refineries.
HB 24, permitting the use of changeable effective date
designations, such as decals, on all motor vehicle and boat regis-
tration plates; authorizing the governor and council to establish
temporary speed laws; exempting certain functions relative to
motor vehicle and highways from the provisions of the adminis-
trative procedures act; and exempting the department of fish
and game from procedural requirements of their rule making
under Title XVHI, until June 30, 1975; and providing certain
free motor vehicle privileges to disabled veterans.
HB 29, relative to tuition payments for handicapped chil-
dren; amending the appropriation for same; defining a handi-
capped child as a person up to the age of twenty-one; and pro-
viding for educational and other expenses in public institutions.
HB 30, relative to the civil commitment procedures in the
probate courts and detention and discharge procedures for the
mentally ill.
House Journal, 2Apr74 423
HB 31, authorizing the public utilities commission to ac-
quire, as agent of the state, such railroad properties within the
state deemed to be necessary for continued and future railroad
operation for the benefit of the public and authorizing bond-
ing therefor; provided that if the 1975 General Court by vote
of both houses prior to March 13, 1975 evidences its approval
the foregoing authority shall on that date be transferred to the
New Hampshire transportation authority and the public utili-
ties commission's authority shall be terminated.
HB 33, relative to the Winnipesaukee River Basin Con-
trol and providing for continuation of the study committee on
water supply and pollution control commission.
HB 34, relative to energy facility evaluation, siting, con-
struction and operations; providing for a tax on refined petrol-
eum products and establishing an energy facility study com-
mittee.
HB 35, providing for twenty years retirement for mem-
bers of group II under the New Hampshire Retirement Sys-
tem, permitting the transfer of members of the New Hamp-
shire Firemen's Retirement System and of the New Hampshire
Policemen's Retirement System into the New Hampshire Re-
tirement System and making an appropriation therefor.
SB 2, to provide fairer real estate taxes for the elderly
through a partial exemption from real estate taxes for persons
sixty-five years of age or older, under certain circumstances,
and compensating cities and towns for consequent loss of tax
base and making an appropriation therefor, and making cer-
tain revisions in the homeowners' exemption law.
SB 9, legalizing certain special town meetings in Wilmot,
Pittsfield, Enfield, Salisbury, and Salem: 1974 annual town
meetings in Rye, New Castle, Exeter, Salisbury, Enfield, Brent-
wood, Chester and Bethlehem; the Seabrook, Gilford and Ha-
verhill school district meetings; the special Hampton Falls
school district meeting; the Warner village fire district pro-
ceedings and the February 19, 1974 postings of March 5, 1974
town and school meetings.
SB 10, establishing a sire stakes program and a standard-
bred breeders and owners development agency, and making an
appropriation therefor.
424 House Journal, 1 1 Apr74
SB 17, relative to the New Hampshire Port Authority, the
construction of fishing facilities at Portsmouth, Hampton and
Rye harbors, and the location of marine science docking and
related facilities for the university of New Hampshire and mak-
ing an appropriation therefor.
SB 18, providing additional cost of living increases for re-
tired members of the N. H. Teacher's Retirement System, the
N. H. Policemen's Retirement System, the N. H. Firemen's Re-
tirement System, the N. H. Retirement System and the State
Employees Retirement System, and making an appropriation
therefor; providing for compensatory contributions for inter-
rupted service; and providing for an actuarial study of prefund-
ing to be paid out of escro^ved funds derived from an interest
assumption change.
SB 23, relative to the membership of municipal planning
boards, conservation commissions and historic district com-
missions.
SB 27, to better protect the safety of Neii\^ Hampshire citi-
zens and law enforcement officers by changing penalties for
homicide in certain circumstances.
On motion of Rep. Hanson the House adjourned at 11:55
a.m. to meet Thursday, April 1 1 at 10:00 a.m.
Thursday^ llApr74
The House met at 1 1 :00 o'clock.
(Deputy Speaker in Chair)
Prayer was offered by House Chaplain Rev. Joseph Y.
Beaulieu.
O Lord our God, on this last day of this Special Session,
hear our prayers and bless us. May the task accomplished be a
sign of hope for men and give You fitting praise.
We pray also for our country. Guide it through these dif-
ficult times and bring it to ne^v heights of accomplishment.
Through Christ Our Lord. Amen.
PLEDGE OF ALLEGIANCE
Rep. Hanson led the Pledge of Allegiance.
House Journal, 11Apr74 425
LEAVES OF ABSENCE
Reps. Goodrich, Chris K. Andersen and Nims, the day,
important business.
Rep. Mabel L. Richardson and Donalda K. Howard, the
day, illness.
COMMUNICATIONS
To the Honorable Members of the
New Hampshire General Court
I am signing today House Bill No. 1, the Supplemental
Operating Budget, providing additional appropriations for the
fiscal years 1974 and 1975.
This Supplemental Operating Budget appropriates $4,103,-
314. It provides, primarily, for the deficits which would occur
in the various departmental and agency budgets due to the
energy crisis. It is a reasonable figure in view of the severe dis-
locations that inflation and energy shortages have caused in
many of our state budgets.
I commend Representative Arthur Drake, Chairman of
the Appropriations Committee and his colleagues for preparing
a no-nonsense, sensible supplemental budget for the State of
New Hampshire.
Meldrim Thomson, Jr.
To the Honorable Members of the
New Hampshire General Court
I am signing House Bill No. 2, that provides for the Capital
Budget for the State of New Hampshire for the fiscal years 1974,
and 1975.
This bill would raise, for capital improvements, $27,413,-
900.
While this bill appropriates approximately $7,000,000 less
than the capital budget which I vetoed last year, the allocations
for capital improvements in this and companioned bills such as
the Mt. Washington, Railroad, and Port Authority would carry
the total capital appropriations to a figure slightly higher than
that proposed by the legislature last year.
426 House Journal, 11Apr74
There are a number of bad practices and features in House
Bill No. 2. The most glaring of these are as follows.
1. This bill authorizes 30 year bonds for financing parts
of it. For the state to resort to 30 year financing at the present
high cost of interest rates is a very poor and uneconomical prac-
tice. It means that future citizens of New Hampshire will be
paying for the unthrifty habits we practice today.
2. This bill perpetuates what seems to be a growing practice
on the part of the legislature to preempt executive responsibility
heretofore exercised by Governor and Council as the elective
representatives of the executive branch. For example, section
23 of the bill confers on a joint committee on legislative facili-
ties authority for remodeling or construction of the old Post
Office building. Section 24 of the bill does the same for the con-
struction of a legislative parking facility. I believe it to be a bad
practice to bypass Governor and Council in the construction of
any state buildings. If the contracts for legislative facilities are
not to be reviewed by Governor and Council, as is the general
practice with all state facilities and thus serve as a salutary check
on the legislative branch, this practice might someday lead to
unfortunate results.
3. It is unfortunate that House Bill No. 2 continues to
overemphasize the construction of facilities on the University
campus to the neglect of the urgent need for state buildings by
our various departments and agencies. The state now pays over a
million dollars a year in rent alone for office space scattered all
over Concord and to a lesser degree in other parts of the state.
4. The bill appropriates more than two million dollars
for many dormitories on the University campus. It is said by
some that this expense would be so self-liquidating because the
rentals from the use of the dormitories would eventually wipe
out the indebtedness. I would point out that this kind of financ-
ing is nothing less than issuing a letter of credit to the University
for future expenditure. The money never comes back to the
General Fund.
Further, I am very much opposed to building any further
facilities on the University campus until the Gay Problem can
be resolved satisfactorily. There are, however, several bright
features to the capital budget.
I am delighted that it provides for an urgently needed
House Journal, 11 Apr74 427
new facility at the Soldiers' Home. Also, I am very pleased that
the automobile addition for the Nashua VocTechnical School
and the health addition for the Claremont VocTechnical School
are included in this bill. The bill also carries with it $15,000 for
a feasibility study for snowmaking machinery at Sunapee State
Park.
The legislature has had an opportunity to carefully re-
examine capital budget items as a result of my veto of the ex-
cessively high capital budget of last year. While this is far from
a perfect budget bill, it is one that we can live with. Progress for
our state requires that 1 sign this bill despite it's several un-
fortunate features.
Meldrim Thomson, Jr.
To the Honorable Members of the
New Hampshire General Court
I am signing Senate Bill No. 18 which provides for a cost
of living increase for the retired personnel of our state.
This bill will cost the State of New Hampshire for the fiscal
years 1974-75 $1,867,100. State officials estimate that in the next
biennium this figure will rise to approximately 21/9 million and
then begin to taper off. To enact a bill such as Senate Bill No.
18 is one of the reasons why I called the legislature into special
session. I believe that there is an urgent need to provide some
relief for the retirees of our state system from the spiraling costs
of inflation. I am pleased that the legislature has responded to
this need.
Meldrim Thomson, Jr.
To the Honorable Members of the
New Hampshire General Court
I am signing House Bill No. 34 which is the refinery bill.
This bill had strong support in both houses of the legisla-
ture which indicates that the representative of the people do
want a refinery in the State and have responded to the need for
more energy for our people by enacting a bill that balances the
concerns of the environmentalists for the need for the produc-
tion of more energy.
428 House Journal, 11 Apr74
There was an attempt made in the Senate to require that
any offshore unloading facility be sited 20 miles out to sea. This
would have sounded the death knell to any attempt to attract
a refinery for New Hampshire. Fortunately, wise counsel on this
issue prevailed and this proposal was dropped in the negotia-
tions at the conference committee level.
I am also signing the related refinery bill namely, House
Bill 18, requiring local option for siting of oil refineries.
In it's final form, House Bill 18 simply reiterates what the
legislature had earlier indicated should be the policy with re-
spect to siting refineries in New Hampshire; namely, that Home
Rule should be the determining factor as to the location of a
refinery in a given town.
Meldrim Thomson, Jr.
To the Honorable Members of the
General Court
I have decided to allo^v House Bill 4 to become law without
my signature.
I take this step with gieat reluctance because I have serious
questions about this legislation and it's impact on our stagger-
ing welfare problem.
Although the bill provides a version of the flat grant we
need so badly to reduce our astounding overpayment and fraud
rates, it unfortunately retains some of the features which has
resulted in New Hampshire having an overpayment rate of
40.9%. This is the highest overpayment rate in the nation for
AFDC cases.
By removing shelter costs from the flat grant, the bill has
destroyed efforts to base payments to recipients on an equitable
basis.
In addition, the bill retains the much abused special cir-
cumstances in the area of shelter costs. Because the root cause
still exists, we can still see abuses in moving, purchaes, furniture,
and similar things.
I believe the gravity of this situation and the disastrous
effects it can have on our state budget have escaped many and
have been intentionally hidden by others.
House Journal, 11Apr74
429
The fact is, we stand to lose a large amount of federal
money if we do not reduce our overpayment and fraud rates.
The federal government has taken a no-nonsense approach to
this problem and New Hampshire stands to lose more in pro-
position than other states.
The real effect of HB 4 may not be to reduce the Division
of Welfare's anticipated $2.9 million loss, but to place New
Hampshire, in some cases, among the top ten states in the size
of per capita of welfare payments.
As can be seen from the attached table the number of case
loads in the previous 10 years has almost doubled. Since the
biennium of 70-71, this State has added over 10,000 new case
loads to our welfare program roles.
The total overall division of the welfare appropriations has
increased from a $21 million level in the 64-65 biennium to a
$91 million level in the biennium of 72-73.
This bill for the biennium of 74-75 provides for a total of
$119 million (+) for our welfare programs.
The increase in the biennium General State Fund expendi-
tures has risen from $6 million in 64-65 to an horrendous level
of this bill for 74-75 of over $39.5 million.
DIVISION OF WELFARE APPROPRIATIONS
64-65
6,178,522
15,126,133 21,304,655
12,599
66-67
8,781,655
16,790,268 25,571,923
12,804
(+205)
68-69
12,583,411
24,545,548 37,128,959
13,597
(+793)
70-71
16,896,309
37,548,965 54,445,274
18,079
(+4,482)
72-73
28,281,676
62,643,179 90,924,855
24,372
(+6,293)
74-75
39,636,178*
80,220,465* 119,856,643*
(+11,773)
•Includes
GENERAL
FEDERAL
TOTAL
Contingent Liability 3,804,717
6,220,887
10,025,604
HB3 Food Stamp
1,353,918
432,253
1,786,171
HB4 AFDC Supp. Grants 641,476
1,048,842
1,690,318
It is these types of considerations which dictated my deci-
sion to allow the bill to become law without my signature.
Meldrim Thomson, Jr.
430 House Journal, 11Apr74
To the Honorable Members of the
New Hampshire General Court
I have signed House Bill 1 1 which provides for a salary
increase of $520 per year for all state employees effective June
21, 1974. This will cost the State during the next fiscal year
S4.303,626.
I was glad to sign the bill in view of the continued erosion
of employees salaries due to inflation and despite the substan-
tial pay increase voted by the Legislature at the regular session.
With this increase plus the pay increase for state employees
last year, it is my belief that state employees have received
within a twelve month period the highest pay increase in many
years.
House Bill 11 unfortunately contains a number of dis-
criminatory provisions Avhich will create unrest with our state
employees.
I believe it important that our Legislature begin work now
for a fair sensible and equitable pay bill that will treat all state
employees doing similar work on an equal basis. As a guide for
such a study I call attention to the following discriminatory
provisions of House Bill 1 1 .
1. The bill discriminates between employees at the Soldiers'
Home and Home for the Elderly and those at Laconia State
School and Training Center, New Hampshire Youth Develop-
ment Center and the New Hampshire Hospital, inasmuch as
employees actively engaged in the care and treatment of patients
at the latter three institutions in addition to receiving the $520
that all state employees receive, will receive an additional $5.00
a week or $260 per year. This means that an attendant at the
New Hampshire Hospital taking care of elderly patients will
receive $5.00 a week more than the same attendant at the Home
for the Elderly performing identical duties.
Further discrimination is made inasmuch as Custodial,
Dietary, Grounds and Trades personnel are not included.
Plumbers are upset because they have to work on wards where
there are patients while performing their trade whether it be
on an elderly patient ward or in the forensic unit.
2. Hazardous duty pay was confined to the State prison and
House Journal, 11Apr74 431
the forensic unit at the New Hampshire Hospital. No consider-
ation was given to law enforcement personnel, such as Fish and
Game Conservation Officers for whom we asked for holiday pay.
3. A Correctional Psychiatric Aide II, salary grade 10, at
the New Hampshire Hospital will receive $25 more per week
or $1,300 per year than the base pay of a Conservation Officer
Trainee, also salary grade 10. It also means that this same Cor-
rectional Psychiatric Aide II will make $20.68 more per week
than the base pay of a Trooper Trainee, salary grade II.
4. Last November the Nurses at the New Hampshire Hos-
pital asked for salary grade increases. With the passage of this
bill, a Psychiatric Nurse I will be within approximately 50c per
week of what she would have received had a two salary grade
increase been authorized.
5. Many employees are upset because other employees re-
ceived more than they. This means that the Department of
Personnel will become besieged with requests for upgrading. It
will naturally follow, also, that the morale and work output of
state employees will drop.
a. It should certainly also follow that as vacancies occur
at Laconia State School and Training Center, personnel at the
Soldiers' Home, especially Nurses and Attendants, who are only
a few miles distance, will request transfers in order to receive
higher salaries yet doing similar work.
b. What about the Home for the Elderly that is located in
an extremely remote area of the State. It is difficult enough as
it is to recruit and retain but with higher state salaries at other
institutions it will cause even more difficult personnel problems
for the Home.
Meldrim Thomson, Jr.
To the Honorable Members of the
New Hampshire General Court
I have tried to weigh carefully all of the implications in-
volved if I permit Senate Bill 17, relating to the Port Authority,
and House Bill 31, pertaining to railroads, to become law with-
out my signature.
Each of these bills contains bad features. If allowed to be-
come law, each should be corrected the next time the Legisla-
432 House Journal, 11Apr74
ture meets. Always there is the possibility that another Legisla-
ture will not undo the faulty work of a predecessor.
Yet each bill does contain kernels of progress in areas in
which the State sorely needs to move forward.
Thus, in order to move ahead with long overdue programs
for the Seacoast and for our languishing rail system, it is neces-
sary to accept the high ratio of chaff in each of these bills to be
able to utilize the kernels.
Because I consider these bills bad in part and potentially
dangerous to the State if allowed to go uncorrected in the next
Legislature, it is incumbent upon me that I delineate the short-
comings of each and describe the overriding reasons why I am
permitting each to become law.
I am allowing Senate Bill 17 and House Bill 31 to become
law without my signature to emphasize my strong disapproval of
provisions in each that should be revised or removed and my
disappointment that certain good provisions were not included.
SENATE BILL 17, THE PORT AUTHORITY
For too long, the development of our great port at the
mouth of the Piscataqua and the potential of our smaller ports
has been neglected.
I campaigned on a promise to work for an expansion of the
dock facilities of the Port Authority and was greatly disap-
pointed when a good bill to carry out this commitment failed in
the Regular Session last year.
Since then a new membership on the Port Authority has
substantially improved the image of the Authority in the port
area and is working hard to cooperate with local authorities to
develop a viable partnership for progress.
It is important that these small but promising beginnings
be encouraged. They must not be allowed to deteriorate into
adversary positions.
I believe that we should expand our docking facilities in
Portsmouth so that we can accommodate three freighters at a
time. It is estimated that this will take a bond issue of about $2.5
million. In time, warehouse and cold storage facilities should
also be built.
House Journal, 11Apr74 433
The Port Authority dock facilities can and should eventu-
ally be on a self-sustaining basis, including a reasonable revenue
contribution to the City of Portsmouth.
I am confident that the port has a great potential for growth
in the next decade. This should be encouraged and wisely di-
rected by the Authority and City working together.
In the politicking that shaped Senate Bill 17, a bond au-
thorization was lost. I sincerely hope that the 1975 Legislature
will provide for such a bond authorization.
Senate Bill 17 carries an appropriation for a port feasibility
study which is to be completed by December of this year. I hope
that such a study will provide the information needed to en-
courage the Legislature to authorize expansion of the dock
facilities next year.
The bill also provides ,525,000 for a much-needed fence
around the dock area.
In addition, by this bill, the State in a very concrete manner
indicates its support and concern for our fishermen by authoriz-
ing the construction of a $375,000 commercial fishing pier and
docking facility in the City of Portsmouth and a $350,000 fishing
pier and recreational boating facilities in Hampton harbor.
If there are excess funds after the construction of the
Hampton facility, such fimds are to be used similarly in Rye
harbor.
These projects for our fishermen are highly desirable. They
are long overdue. Consequently, in order to be helpful to our
fishermen, I am letting Senate Bill 17 become law even though
it did not carry a bond authorization for the Port Authority.
Section 8 of Senate Bill 17 is highly objectionable and al-
most persuaded me to veto the bill. This section prevents the
Authority from taking any positive action regarding on- or off-
shore facilities connected with processing of oil or liquefied
natural gas from now until July 1, 1975.
However, the need for such action in connection with any
refinery project during the proscribed period is remote. Further,
if such need should arise before July 1, 1975, the Regular Ses-
sion of the Legislature that meets next January could lift this
temporary restriction at an earlier date.
434 House Journal, 11Apr74
I have concluded that, despite its shortcomings and faults,
Senate Bill 17 is a progressive step forward on behalf of our
commercial fishermen. Hence, I shall let it become law without
signature.
HOUSE BILL 31 — RAILROADS
During the progress of House Bill 31, through the Legisla-
ture, I worked diligently to channel its operative features into
the Transportation Authority instead of placing it under the
regulatory Avings of the Public LTtilities Commission.
This aspect of the bill raises, in my view, serious constitu-
tional questions.
Furthermore, it temporarily takes away from the Authority
an important part of its overall supervision of mass transporta-
tion and places it in a Commission that has shown no leadership
in resolving the rail problems of our State.
In addition, it would authorize a bond issue of $4 million
which, if fully executed, would place the State squarely in the
railroad business.
We have already seen how costly and inefficient railroading
under the Federal government can be. It would be even more
so under a State operation.
It would mean that all of our taxpayers would be contribut-
ing to the purchase and maintenance of a rail service that would
benefit directly the rail users and only indirectly the members
of the public.
On the other hand. New Hampshire would suffer an eco-
nomic catastrophe if we lost the operation of half of our lines
as presently proposed by the Department of Transportation.
It was under the cloud of fear that just such a disaster might
strike our rail users that House Bill 31 was passed.
The bill itself provides certain assistance that might be in-
voked if disaster befalls our rail system. While I do not believe
that these aids will be needed before the Legislature again meets
in regular session, I can recognize the desirability of having
them available on a stand-by basis for the balance of this year.
Under the terms of the bill, there is very little that the
Public Utilities Commission can do without the approval of
House Journal, 11Apr74 435
Governor and Council. Hence, we do have an important check
on PUC that can prevent State socialization of the rail system.
As a standby measure and a safeguard against abandonment
of any rail service now serving industry, I will let House Bill 31
become law without my signature.
This, I hope, will give immediate reassurance to all rail
users that the State will wage a vigorous fight against abandon-
ments and for long-range improvements in our rail system.
To develop a constructive rail project as an integral part of
a sound mass transportation program, I shall encourage the
Transportation Authority to move with all possible speed to
obtain rail expertise. I shall encourage the Public Utilities Com-
mission to work closely with the Authority.
I shall also appoint a Governor's Committee of rail users to
encourage the private sector to work with the State, through the
Authority and Commission, to insure that we use effectively all
of the statutory tools and programs available to us for keeping
the trains rolling in New Hampshire.
I am grateful for the strong and wise efforts of Representa-
tive Ernest Coutermarsh in helping to revise provisions of
House Bill 31, which, if passed by the Legislature in its original
form, ^vould have provoked an inevitable veto. His long experi-
ence and vast knowledge of our rail system is a great resource
which I certainly hope to be able to tap for the benefit of our
State.
Meldrim Thomson, Jr.
SENATE MESSAGE
INTRODUCTION OF SENATE BILL
SB 33, legalizing the authorization of bonds by the town of
Durham.
SUSPENSION OF RULES
Rep. Hanson moved that the rules be so far suspended as
to allow the introduction of a bill received from the Senate after
the deadline, to dispense with printing, committee reference,
hearing and report, and to place the bill on third reading and
final passage at the present time.
436 House Journal, 11Apr74
The bill being SB 33, legalizing the authorization of bonds
by the town of Durham.
Rep. Hanson explained his motion.
Rep. Chandler requested a division.
It being manifestly in the affirmative, motion adopted by
the necessary two-thirds.
Third reading and final passage
SB 33, legalizing the authorization of bonds by the town of
Durham.
Rep. Doris L. Thompson wished to be recorded against
SB 33.
COMMUNICATION
The townspeople of Hampstead, N. H., cordially invite you
to attend an "Open House" for — Doris M. Spollett — Sunday
— April 21st — 2:00 to 5:00 P.M. Hampstead Congregational
Church — Main Street, Hampstead, N. H,
Over 50 Years of Serving the Community
Schoolteacher
N. H. Senator
Representative to the General Court
Selectman — 27 Years
RESOLUTION
Reps. Brungot, William Boucher, Carter, Conley, Du-
haime, Enright, Hammond, Harvey, Hebert, Hunt, Migneault,
Palfrey, P. Robert Thibeault, Sweeney, Vey, White and Wuel-
per offered the following resolution.
RESOLUTION
Whereas, there are several members of the House whose
burdens of physical disability have been lightened immeasure-
ably by the considerate ministrations of a particular state em-
ployee, and
Whereas, those said members by this resolution ask their
fellow members to join them in recognizing the consideration
received from that individual, and
House Journal, 11 Apr74 437
Whereas, Thomas J. Roy, New Hampshire's one-man
Capitol Police Force, has been the ever alert guardian of the
parking facilities assigned to physically limited members, there-
fore be it
Resolved, by the House of Representatives assembled, that
its entire membership does recognize and honor the diligent and
persuasive but firm administration of those facilities by Tom
Roy, and be it further
Resolved, that a copy of the above resolutions be trans-
mitted to Thomas J. Roy.
Unanimously Adopted.
Rep. Nelson moved that the Committee on the Journal,
after checking with the Committee of Conference on HB 11, to
increase the salaries of state classified employees and employees
of the university system and providing differential pay to classi-
fied prison employees and correctional psychiatric aides at the
New Hampshire Hospital and making appropriations therefor,
consider removal of the statement of intent by the Committee
of Conference in the Journal of 2 April, and subsequently
withdraAV his motion.
The Speaker instructed the Journal committee to review
the suggestion and take whatever action they deem necessary.
Reps. George B. Roberts, Jr., Coutermarsh, O'Connor and
Bigelow offered the following resolution:
HOUSE RESOLUTION
RELATIVE TO CIRCULAR A-70
Whereas, the federal Office of Management and budget has
proposed implementation of Circular No. A-70, entitled "Poli-
cies and Guidelines for Federal Credit Programs", which would
preclude local governments from issuing tax-exempt bonds to
finance programs and facilities receiving federal assistance; and
Whereas, state and local governments traditionally have
employed tax-exempt financing for municipal programs and
facilities; and
Whereas, local governments rely heavily on federal assis-
tance for financing municipal programs and facilities; and
438 House Journal, 11Apr74
Whereas, implementation of Circular No. A-70 would sig-
nificantly and adversely affect the ability of the state of New
Hampshire and its political subdivisions to finance higher edu-
cation facilities, medical care facilities, sewer, ^vater and pollu-
tion control facilities, highway and mass transit facilities urban
renewal and public housing projects, and privately owned low-
and-moderate-income housing funded by the slate and by mu-
nicipalities; and
Whereas, over a year ago, the attempt to implement Circu-
lar No. A-70 resulted in immediate and vigorous opposition by
state and local governments and national interest groups, such
as the National Governors' Conference, the Municipal Finance
Officers' Association, and the National League of Cities/Con-
ference of Mayors; and
Whereas, implementation of Circular No. A-70 would
constitute direct federal intervention in, and substantial control
of, debt management of the state of New Hampshire and its
mimicipalities, and would result in severe curtailment of the
volume of tax-exempt financing, as the state and local govern-
ments would be unable to utilize it with respect to a project
whose financial feasibility depends upon federal assistance; and
Whereas, Circular No. A-70 proposes an undesirable means
of accomplishing public policy and has massive implications for
public finance throughout the country; and
Whereas, there exist no feasible financial alternatives to
replace the combination of tax-exempt municipal financing and
federal assistance to provide state and local facilities; and
Whereas, it has come to the attention of the New Hamp-
shire House of Representatives that the Oflfice of Management
and Budget is planning specific action with respect to imple-
mentation of Circular No. A-70 in the near future; no^s % there-
fore, be it
Resolved by the House of Representatives of the state of
New Hampshire, That the House of Representatives of the state
of New Hampshire communicates its strong opposition to the
implementation of Circular No. A-70 to the President of the
United States and to the Director of the Oflfice of Management
and Budget; and
House Journal, 11Apr74 439
Further Be ll Resolved, That the Speaker of the House
transmit copies of this resolution to the President and Vice
President of the United States, to the Director of the Office of
Management and Budget, to the Speaker of the House of Rep-
resentatives, and to each Senator and Representative from New
Hampshire in the Congress of the United States.
Rep. Roberts explained the resolution.
(discussion)
Rep. Horan moved that the resolution be referred to an
interim study committee to be appointed by the Speaker and
spoke in favor of his motion.
Reps. Drake, Plourde, Coutermarsh and D'Allesandro
spoke against the motion.
Motion lost.
Resolution adopted.
The Speaker announced that Rep. Bell has informed him
that he will not be returning for another session.
Reps. Drake and Coutermarsh paid tribute to Rep. Bell
for his years of service in the House.
Reps. Dame and Sara M. Townsend moved that the re-
marks of Reps. Drake and Coutermarsh be printed in the
Journal.
Adopted.
The Chair: The Dean of the House, Rep. Kenneth Bell, is
not going to be returning to the House and after some considera-
tion I decided to stretch the rules of the House to let in a few
remarks, I don't know if they are for or against Ken, they did not
commit themselves.
The Chair recognizes Rep, Arthur Drake.
Rep Drake: Mr. Speaker, I generally come before you bear-
ing tidings of gloom and despair, but this morning I think is
a little different. With all good references to the deaconess of
this institution, in my books there has always been a dean
around the legislature. I have served on a committee with him;
I have been privileged to serve as chairman on the committee
on which he serves; and I have always been struck by the fact
440 House Journal, 11Apr74
that Ken Bell is a pretty imperturbable character, rarely ever
shook by what happens around them because no matter how
bad it is, and it generally is, and he has seen it before, and prob-
ably a little worse. His one line quips in committee I Avish had
been taped and recorded over the years, because they would
have been Avorth recording for posterity. When everything gets
pretty solemn and somber around the place you can always rely
on Ken with his quick dry wit to do something to relieve the
tension. Frankly, I think Ken Bell is an institution by himself. I
have enjoyed his company and I love him like a father. I am
sorry to see him go because he retains the clarity of mind which
all of us hope that we will have at his age. The state of New
Hampshire owes Ken Bell a debt of gratitude which few of you
recognize for the dedication he has given to New Hampshire
over all of the years he has served in this Legislature, and if this
is a farewell then let me say that if everyone went out in as grand
a shape as he is going to go out then we ^vould all be blessed.
Rep. Coutermarsh: Mr. Speaker, I don't want to let this be
stfictly a republican affair because of my long association with
Ken Bell, and our many deliberations in this house. I have
forgotten exactly how long he has been here, but I guess its
thirty years or more that he, to my mind, represented the best in
the people that have come down here to serve this state as
members of a citizen legislature. I worked closely with him
when I was a former resident of Lebanon, as a member of the
Grafton County Delegation, and I never can remember when it
ever mattered to this man what your party affiliation happened
to be. In those days, outside of George McGee and myself, there
were not too many Democrats on the delegation, and we learned
to have a very high respect for the fairness of this gentleman. It
is with a sad sense of parting on my part, and the rest of the
democrats in this house, and the house members as a whole that
we have to accept at last that you will not be coming back. Good
luck.
Rep. Gardner offered the following resolution.
HOUSE RESOLUTION
Whereas, Rev. Joseph Y. Beaulieu of Goffstown has faith-
fully served as Chaplain of the House of Representatives for this
past session; and
House Journal, 11Apr74 441
Whereas, Rev, Beaulieu is the first Catholic priest Avho has
filled the position of Chaplain for the House; and
WhereaSj his inspired leadership has helped this body to
perform its duties;
Now Therefore Be It Resolved by the House of Representa-
tives, that Rev. Joseph Y. Beaulieu be commended for his
efforts in guiding the House during his service as its Chaplain;
and
Further Be It Resolved, That the House extends to Rev.
Beaulieu its sincere wishes for continued success; and
Further Be It Resolved, That a copy of this resolution be
given to Rev. Beaulieu.
Adopted.
LEGISLATIVE BILL STATUS SYSTEM
The Automated Legislative Bill Status System is being
demonstrated for the General Court today for several reasons:
1. To show the membership how the effective use of elec-
tronic data processing can ease the administrative burden of bill
status tracking and reporting.
2. To show the membership the latest data processing meth-
ods available for creating, maintaining and accessing large files
of information.
3. To show the membership an example of the results of
interstate cooperation in the data processing area by demon-
strating a program designed and developed by the State of
Maine and operating from the CDP system in New Hampshire.
The demonstration program was used ^vith great success
throughout the Special Session of the Maine Legislature and
that data base is loaded on the CDP computer at 1 Pillsbury
Street. The information displayed is from the Maine session
and may, therefore, have some foreign terminology, e.g., HP vs
HB, SP vs SB (Paper vs Bill) ; but the legislative concepts and
procedures are for the most part identical to those of New
Hampshire.
You may inquire of the system from the terminal at almost
any level of definition — by subject matter (.8 levels), by docu-
442 House Journal, 11Apr74
ment number, or by Bill number. Bulk printouts are available
by Committee and by sponsor, and that type inquiry will be
available at the terminal in the future. The information re-
trieved is correctable or changeable from the terminal. The
system has total flexibility in accessing and reporting the per-
tinent data. Copies of bulk report samples are available for
your review.
Through cooperative effort with our sister state of Maine,
and Honeywell Information Systems, the program is running
on the New Hampshire CDP computer. It needs only minor
changes in terminology to be usable here and will be available
whenever the Legislature deems it advisable. Were we to start
anew and develop such a system for the State of New Hamp-
shire, it is estimated that the cost would exceed $100,000.
The only cost involved to utilize the system you are seeing
here today will be the day-to-day cost of operation, i.e., the com-
puter time, communications, the terminals and terminal op-
erator personnel. That cost wall depend upon the number of
terminals installed and the volume of special reports and print-
outs required. In any case, the cost should be offset by a signifi-
cant increase in efficiency of legislative administration and a
reduction in clerical effort and administrative lead time for all
concerned.
We are deeply indebted to the State of Maine and Mr.
David Smith, the Director of Data Processing, for the oppor-
tunity to present this demonstration to you. Further credit is
due:
Honeywell Information Systems — Software and Engineer-
ing support
GTE Information Systems — Communications Modems
Department of Safety — Terminal Equipment
Arthur T. Hill
Director
Department of Centralized
Data Processing
RECESS
AFTER RECESS
House Journal, 11Apr74 443
ENROLLED BILLS REPORT
SB 33, legalizing the authorization of bonds by the town of
Durham.
Maurice W. Read
For The Committee
SUSPENSION OF RULES
Rep. George B. Roberts, Jr. moved that the rules of the
House be so far suspended as to introduce a bill after the dead-
line, dispense with printing, committee reference, hearing and
report and to place the bill on second reading, the bill being
HB 40, providing for additional pay and overtime pay for nurses
at New Hampshire hospital, Laconia state school and training
center, the New Hampshire youth development center, the
New Hampshire home for the elderly, and the New Hampshire
veterans' home, and making an appropriation therefor; and
making an appropriation for overtime pay for conservation
officers.
Rep. Roberts explained his motion.
(discussion)
Rep. Roberts yielded to Rep. Drake to answer questions.
POINT OF ORDER
Rep. George E. Gordon rose on a point of order.
Reps. Daniell, Spirou and Coutermarsh spoke in favor of
the motion.
Rep. Bednar spoke against the motion.
Reps. Cotton, Mary J. Sullivan, Bernard, Elizabeth E. GoflF,
Tarr, Schwaner, Gallen, Rich, and Tony Smith non-spoke in
favor of HB 40.
Reps. Nelson, Boisvert and Meserve moved the previous
question.
Sufficiently seconded.
Rep. Chandler requested a division.
444 House Journal, 11Apr74
It being manifestly in the affirmative by more than the
necessary two-thirds the motion carried.
Rep. Drake offered an amendment.
AMENDMENT
Amend the bill by striking out sections 3 and 4 and insert-
ing in place thereof the following:
3 Appropriation for Overtime for Conservation Officers.
Amend 1973, 376:33, III, (a) as amended by 1974, 40:85 by
striking out the line "Other 1 1" and inserting in
place thereof the following ( Other 25,000 ) .
4 Deletion of Provisional Appropriation for Overtime for
Conservation Officers. Amend 1973, 376:33, as amended by
1974, 40:85, by striking out the fourth (being the last) para-
graph of the footnote to the line appropriating the total for the
fish and game department and inserting in place thereof the
following (Provisions of RSA 206:36 shall be suspended for
the biennium ending June 30, 1975.)
The clerk read the amendment in full.
Rep. Drake explained his amendment.
Amendment adopted.
Ordered to third reading.
Rep. Chris K. Andersen wished to be recorded in favor of
HB40.
SUSPENSION OF RULES
Rep. Boisvert moved that the rules of the House be so far
suspended as to place HB 40 on third reading and final passage
at the present time.
Adopted by the necessary two-thirds.
Third reading and final passage
HB 40, providing for additional pay and overtime pay for
nurses at New Hampshire hospital, Laconia state school and
training center, the New Hampshire youth development cen-
House Journal, 11Apr74 445
ter, the New Hampshire home for the elderly, and the New
Hampshire veterans' home, and making an appropriation there-
for; and making an appropriation for overtime pay for con-
servation officers.
RECONSIDERATION
Rep. Coutermarsh moved reconsideration on HB 40.
Reconsideration lost.
SUSPENSION OF RULES
Rep. Belair moved that the rules be so far suspended as to
allow the introduction of a bill after the deadline and to place
the bill on second reading, the bill being HB 39, relative to the
homeowners' exemption law.
Rep. Belair explained his motion.
Rep, George E. Gordon spoke against the motion.
(discussion)
Reps. Harvell, Albert C. Jones, Orcutt, Hall, Read, Sara
M. Townsend, George I. Wiggins, Sununu and Gorman spoke
in favor of the motion.
Reps. Gerry F. Parker, Dupont, Maynard, Beaulieu,
Spirou, Twigg and Elizabeth E. Goff spoke against the motion.
Reps. Fred E. Murray, Nutt, Bowler, D'Amante, Elmer E.
Johnson, Edward A. Johnson, Symons, Hough and Duhaime
non-spoke in favor of the motion.
Reps. Fortier, Bossie and Daniell non-spoke against the
motion.
Reps. Parnagian and Palfrey requested a division.
120 members having voted in the affirmative and 175 in
the negative, suspension of the rules failed.
RECONSIDERATION
Rep. George E. Gordon moved reconsideration.
Reconsideration lost.
446 House Journal, 11Apr74
SENATE MESSAGE
CONCURRENCE
HB 40, providing for additional pay and overtime pay for
nurses at New Hampshire liospital, Laconia state school and
training center, the New Hampshire youth development cen-
ter, the New Hampshire home for the elderly, and the New
Hampshire veterans' home, and making an appropriation there-
for; and making an appropriation for overtime pay for con-
servation officers.
RECESS
AFTER RECESS
ENROLLED BILLS REPORT
HB 40, providing for additional pay and overtime pay for
nurses at New Hampshire hospital, Laconia state school and
training center, the New Hampshire youth development center,
the New Hampshire home for the elderly, and the New Hamp-
shire veterans' home, and making an appropriation therefore;
and making an appropriation for overtime pay for conservation
officers; and providing for increases in classified salaries for
recruitment.
Maurice W. Read
For The Committee
SENATE MESSAGE
INTRODUCTION OF SENATE BILL
SB 34, to provide fairer real estate taxes for the elderly
through a partial exemption from real estate taxes for persons
seventy years of age or older, under certain circumstances, and
compensating cities and towns for consequent loss of tax base
and making an appropriation therefor, and providing for an
election between the homeowners' exemption and the elderly
exemption.
Rep. George B. Roberts, Jr. moved that SB 34 be laid on
the table.
Adopted.
House Journal, 11Apr74 447
BILLS SIGNED BY THE GOVERNOR
April 2, 1974
HB 7, permitting municipalities to establish, acquire, main-
tain and operate public transportation facilities in cooperation
with governmental units of adjoining states; permitting broader
cooperation in furnishing of municipal services; and permitting
cities and towns to appropriate money for group homes.
HB 13, repealing the termination date of RSA 357-B.
HB 17, increasing the mileage rate for all state employees
using privately owned passenger vehicles and making an appro-
priation therefor.
HB 21, relative to the duties of the state board of education
and prohibiting the expenditure of public moneys in non-public
schools unless said schools have program approval by the de-
partment of education, supervisory union accounting of federal
funds and establishing the office of chancellor of the university
of New Hampshire system.
HB 36, permitting the sale of milk in three quart con-
tainers.
SB 3, changing the compensation of certain state law en-
forcement employees and fees of witnesses.
SB 4, relative to penalties and forfeitures for noncompli-
ance with sewage and waste disposal rules and regulations of the
water supply and pollution control commission.
SB 7, relative to capital improvements to the Mount Wash-
ington summit and making an appropriation therefor.
SB 8, relative to the distribution of testate property follow-
ing waiver of a will by surviving spouse and relative to the form
of notice given for termination of parental rights.
SB 12, to further protect the rights of mobile home owners
by requiring that mobile home park owners and operators
state the rules and regulations of the park in writing and pro-
vide all tenants with copies of the rules and to encourage the
construction of mobile home parks by not prohibiting the so-
called "first sale" restriction in a new park.
SB 20, providing for regulation of franchise agreements
for the sale of gasoline and requiring the posting of motor fuel
prices.
448 House Journal, 11Apr74
SB 22, establishing a study committee to develop a plan to
provide public assistance to private institutions of higher learn-
ing in this state and relating to the Lafayette Regional School
District and Bethlehem School District.
SB 24, authorizing cities and towns to grant franchises for
cable television systems.
SB 26, providing for retirement benefits for supreme and
superior court justices.
SB 31, authorizing the cities of Berlin and Keene to ac-
quire, develop and operate industrial parks within each such
city and to aid the construction and expansion of industrial
facilities within each such city by the issue of revenue bonds.
SJR 3, establishing a committee to study highway safety
and motor vehicle weight, length and width requirements.
April 5, 1974
HB 1, making supplemental appropriations for expenses
of certain departments of the state for the fiscal years ending
June 30, 1974 and June 30, 1975 and making other budgetary
changes.
HB 2, making appropriations for capital improvements.
HB 18, requiring local option for siting of oil refineries.
HB 24, permitting the use of changeable effective date
designations such as decals, on all motor vehicle and boat reg-
istration plates; authorizing the governor and council to estab-
lish temporary speed laws; exempting certain functions rela-
tive to motor vehicles and highways from the provisions of the
administrative procedures act; exempting the department of
fish and game from procedural requirements of their rule mak-
ing under Title XVIII, until June 30, 1975; and providing
certain free motor vehicle privileges to disabled veterans.
HB 29, relative to tuition payments for handicapped chil-
dren; amending the appropriation for same; defining a handi-
capped child as a person up to the age of twenty-one; and pro-
viding for educational and other expenses in public institu-
tions.
HB 30, relative to the civil commitment procedures in the
probate courts and detention and discharge procedures for the
mentally ill.
House Journal, 11Apr74 449
HB 33, relative to the Winnipesaukee River Basin Con-
trol; and providing for continuation of the study committee on
water supply and pollution control commission.
HB 34, relative to energy facility evaluation, siting, con-
struction and operations; providing for a tax on refined petrole-
um products; and establishing an energy facility study com-
mittee.
SB 9, legalizing: certain special town meetings in Wilmot,
Pittsfield, Enfield, Salisbury and Salem; 1974 annual town meet-
ings in Rye, New Castle, Exeter, Salisbury, Enfield, Brentwood,
Chester and Bethlehem; the Seabrook, Gilford, and Haverhill
school district meetings; the special Hampton Falls school dis-
trict meeting; the Warner village fire district proceedings; and
the February 19, 1974 postings of March 5, 1974 town and
school meetings.
SB 10, establishing a sire stakes program and a standard-
bred breeders and owners development agency, and making an
appropriation therefor.
SB 18, providing additional cost of living increases for re-
tired members of the N. H. Teachers' Retirement System, the
N. H. Policemen's Retirement System, the N. H. Firemen's Re-
tirement System, the N. H. Retirement System and the State
Employees Retirement System, and making an appropriation
therefor; providing for compensatory contributions for inter-
rupted service; and providing for an actuarial study of prefund-
ing to be paid out of escrowed funds derived from an interest
assumption change.
SB 23, relative to the membership of municipal planning
boards, conservation commissions and historic district commis-
sions.
April 8, 1974
HB 11, to increase the salaries of classified employees and
employees of the university system and the New Hampshire Net-
work and providing differential pay to classified prison em-
ployees and correctional psychiatric aides and providing nurses'
reclassification at the New Hampshire Hospital and Laconia
State School and making appropriations therefor.
450 House Journal, 11Apr74
April 15, 1974
HB 40, providing for additional pay and overtime pay for
nurses at New Hampshire hospital, Laconia state school and
training center, the New Hampshire youth development center,
the New Hampshire home for the elderly, and the New Hamp-
shire veterans' home, and making an appropriation therefor;
and making an appropriation for overtime pay for conservation
officers; and providing for increases in classified salaries for re-
cruitment.
SB 33, legalizing the authorization of bonds by the town
of Durham.
BILLS ENACTED IN ACCORDANCE WITH
ARTICLE 44, PART II OF THE NEW HAMPSHIRE
CONSTITUTION WITHOUT SIGNATURE
OF GOVERNOR
April 2, 1974
HB 3, relative to establishment of a food stamp program
and making an appropriation therefor.
HB 37, to provide for the repeal of the law tending to pro-
hibit hitchhiking.
SB 11, establishing a state historic preservation office and
making an appropriation therefor.
April 9, 1974
HB 4, providing supplemental grants to families with de-
pendent children and making an appropriation therefor and
authorizing consolidated grant standards for categorical assis-
tance excluding shelter.
HB 31, authorizing the public utilities commission to ac-
quire, as agent of the state, such railroad properties within the
state deemed to be necessary for continued and future railroad
operation for the benefit of the public and authorizing bonding
therefor; provided that if the 1975 General Court by vote of
both houses prior to March 13, 1975 evidences its approval the
foregoing authority shall on that date be transferred to the New
Hampshire transportation authority and the public utilities
commission's authority shall be terminated.
SB 17, relative to the New Hampshire Port Authority, the
construction of fishing facilities at Portsmouth, Hampton and
House Journal, 11Apr74 451
Rye harbors, and the location of marine science docking and
related facilities for the university of New Hampshire and mak-
ing an appropriation therefor.
INTERIM COMMITTEE APPOINTMENTS
HB 2 (Chapter 38, Section 23) Legislative Facilities Committee.
(Chapter 368, Laws of 1973).
Sen. Stephen W. Smith; Rep. James E. O'Neil, Sr. or his
designee; Rep. George B. Roberts, Jr.; Sen. Frederick A. Porter;
Rep. Ernest R. Coutermarsh; Sen. Eileen Foley; Sen. Roger
A. Smith; Rep. Esther M. Davis; Sen. C. Robertson Trow-
bridge and Rep. Sumner A. Raymond.
HB 2 (Chapter 38, Section 30) Electronic Roll Call Committee.
(Chapter 592, Laws of 1973).
Reps. James E. O'Neil, Sr., George B. Roberts, Jr., Ernest
R. Coutermarsh, Arthur F. Mann and Arthur M. Drake.
HB 14, revising the management-employee relations law for
state employment.
Collective Bargaining Sub-Committee (Labor, Human Re-
sources and Rehabilitation).
HB 25 (Chapter 9), changing the reporting date for the study
commission on the problems of unemployed citizens in
New Hampshire.
Sens. Robert F. Bossie, David H. Bradley and Stephen W.
Smith. Reps. Robert B. Buckley, Paul H. Simard and Peter C.
Hildreth. Patricia Merrill, Concord; Theodore Caras, Dover;
Benton Demers, Concord.
HB 26, relative to guaranteeing a minimum adequate income
for the elderly, blind and disabled; and making an appro-
priation therefor.
Reps. Skinner, Carswell, McGlynn, Vesta M. Roy, Barbara
C. Thompson and Daniell.
HB 33 (Chapter 41, Sections 3 and 4), relative to the Winnipe-
saukee River Basin Control; and providing for continua-
tion of the study committee on water supply and pollution
control commission.
-±52 House Journal, 11Apr74
Sens. Bossie, Gardner and Brown.
Reps. Claflin, John H. Tilton, Ladd, Oleson, Harriman,
Kenneth W. Spalding Jr., and Kopperl.
Nelson Maine, Hillsborough and H. Thomas Urie, New
Hampton. (Third member to be appointed)
HB 34 (Chapter 39, Section 5), relative to energy facility evalua-
tion, siting, construction and operations; providing for a
tax on refined petroleum products; and establishing an
energy facility study committee.
Sens. Preston and Bradley.
Reps. George B. Roberts, Jr., Greene and Coutermarsh.
One member from the Southeast Regional Planning Com-
mission.
Assoc. Prof. Richard Mills, Durham; Dr. Louis H. Klotz,
Durham; and Dr. Paul E. Bruns, Durham.
Frederick D. Goode, Bedford and Atty. William Craig,
Manchester.
HB 34 (Chapter 39, Section 6) Energy Facility Tax Study.
Senate Ways and Means and Administrative Affairs and
House Ways and Means.
HCR 2, establishing a joint committee to study the railroad
conditions and related matters in the state of New Hamp-
shire.
Reps. John Hoar, Jr., Chairman, Bigelow, Hunt and An-
thony Stevens.
Sen. Claveau.
HCR 7, establishing a joint committee to study federal funding
from the Administration on Aging.
Reps. Read, George B. Roberts, Jr., and Roderick H.
O'Connor.
Sens. Blaisdell and Downing.
House Journal, 11Apr74 453
HOUSE RESOLUTION referring section 2 of Senate Bill 23
relative to consolidation of regional planning commissions.
House Municipal and County Government.
SB 1, providing for open and honest political campaigns in New
Hampshire by requiring greater accountability and full
disclosure of campaign contributions and expenditures;
and protecting party loyalty by disqualifying defeated
primary candidates from being nominated by petition
under certain circumstances.
House Statutory Revision.
SB 13, establishing a combined horse and dog racing commis-
sion.
Senate Ways and Means and Administrative Affairs.
SB 15, transferring permanent state prison employees from
group I of the New Hampshire Retirement System to group
II or from the State Employees' Retirement System to
group n, and making an appropriation therefor.
Fiscal Committee.
SB 16, expanding the definition of "industrial facility" under
the industrial development aiuhority to include post-sec-
ondary educational facilities.
Senate and House Education.
SB 21, establishing a commission on children and youth.
House Public Health and Welfare.
SB 22 (Chapter 22), establishing a study committee to develop
a plan to provide public assistance to private institutions
of higher learning in this state and relating to the Lafayette
Regional School District and Bethlehem School District.
Sens. Jacobson and Green. Reps. D'Allesandro, Raymond
and Copenhaver. Dr. Louis Vaccaro, New London; Dr. Leo
Redfern, Keene; Dr. Jere Chase, Dover.
SB 28, to establish standards of care and treatment of alcoholics,
intoxicated persons and drug dependent people.
House Public Health and Welfare.
454 House Journal, 11Apr74
SJR 3 (Chapter 27), establishing a committee to study highway
safety and motor vehicle weight, length and width require-
ments.
Sens. Poulsen, Lamontagne and Downing.
Reps. Arthur F. Mann, Bigelow, Parnagian, Duhaime and
Cushman.
Keith Vaskelionis, Nashua, Peter DeCato, Lebanon, (Third
member to be appointed.)
The commissioner of public works and highways, or his
designee.
The director of motor vehicles, or his designee.
The manager of the New Hampshire Division of the Ameri-
can Automobile Association, or his designee.
The attorney general, or his designee.
The chairman of the highway safety commission, or his
designee.
The director of legislative services, or his designee.
SCR 1, referring the question of reclassification of certain high-
way in the town of Clarksville to a joint legislative com-
mittee.
Senate Public Works and Transportation and House Pub-
lic Works.
SCR 2, referring the question of compensation for the town of
Gorham to a joint legislative committee.
Senate Public Works and Transportation and House Pub-
lic Works.
SENATE RESOLUTION establishing an interim committee
to study oil companies and other energy suppliers.
Sens. Porter, Chairman, Jacobson and Bossie.
ANNOUNCEMENT
Rep. Raymond replaces Rep. Weeks on the Fiscal Com-
mittee.
On motion of Reps. George B, Roberts, Jr., Coutermarsh,
Chase and Drake the House adjourned at 6:59 p.m.
Appendix 455
APPENDIX
The following statement was given to the House on March
20, 1974 by Rep. Arthur M. Drake and was by error omitted
from the Journal although referred to in debate on that day.
Mr. Speaker, in order to keep the House properly advised
as to their deliberations on the fiscal conditions of the State
and the bills which lie before it, I have today prepared for you
four reports, and I ask that they all be inserted in the Journal
as an official document and report, so that there will be a clear
record of our position.
I would like to start with a comparative estimate of Un-
restricted Revenues dealing with 1974 and 1975, based on an
actual eight months of delivery of revenue in this current fiscal
year. We reviewed every one of the agencies involved, on an
item-by-item and agency-by-agency basis. The report which I
have before me represents the ofhcial position of the Appropria-
tions Committee on March 13th, in adopting the estimates of
revision of revenue for 1974 and 1975, and we commend these
to any future Committees of Conference dealing with subjects
before this Session.
The estimates show on the basis of an eight months' actual
delivery, our adoption of a two million dollar increase in reve-
nue in 1974 fiscal year over the official Committee of Conference
Report on which the budgets were based in the last regular
session.
Based on the indefinite picture which we are still facing
in regards to the downturn of traffic on our roads, we did not
use that as a basis for projecting our figures, but reviewed again
with the best information we had from the agencies involved,
with the LBA staff, and our final determination for recom-
mendation, a million nine downward revision in 1975 from the
Committee of Conference Report of July 16 of '73. In effect, we
have been that close to the estimates of revenue that this recom-
mendation provides a $122,000 increase in the estimates of
revenue from those used by the final Committee of Conference
on the budget in 1973. We feel, and I have backup information
which indicates the support of these estimates — there are some
areas in which we differ. This document will show you where
those differences are. They represent the department's position
on March 1 2th of this year, the Appropriations Committee's
456 House Journal
adoption on that particular line. I would hope that I could get
this inserted as a permanent part of the Journal, so that you may
review them, and if there are subsequent questions you want to
bring before this Floor and have the Committee answer any
questions, we will be happy to.
Having established what we consider to be a reasonable
and legitimate base against which to measure the spending
programs of the State, we have then revised first the Fish and
Game Fund and its budgets and potential spending. We have,
in fact, as you may have reviewed in House Bill 1, reduced the
authority or the appropriation for Fish and Game to spend by
over $300,000, because of a downturn in revenue, particularly
in the non-resident sales. We have adopted and the Department
concurs with new estimates of revenue for the Fish and Game
Fund for 1974 of $2,365,000, and for 1975 fiscal year $2,405,000.
This represents a downturn of $348,000 from the Committee of
Conference estimates of Fish and Game funds in 1973.
Against that, we have measured the budget ^vhich was re-
vised and submitted in the form of House Bill 1, plus the pro-
vision for payment back into the Retirement System of the
Fish and Game obligation of $109,000, plus provisions for
Workmen's Compensation payments, which are now set up so
that they are paid on a regular basis, instead of an annual deficit
basis, and we estimate that the unappropriated surplus of the
Fish and Game Fund on June 30, 1975, at the end of the bien-
nium, will be $164,200. Against that, the potential for spending
in this Session is that portion of the Fish and Game Fund which
will be covered in the salary pay bill. My recollection of that is
that it is approximately $136,000, which would, in fact, leave the
Fish and Game Department virtually at a zero balance in June
30, 1975, where once again their lapses from their appropria-
tions would be their balance.
In adopting the revenues relating to the Highway Fund, I
must confess that we have a difference of opinion between the
LBA's Office, the Appropriations Committee, and the Depart-
ment of Safety and the Highway Department. The Department
of Safety, who are charged with the collection of the taxes levied
under Gasoline Road Toll and Motor Vehicle Fees, concur
with Committee recommendations. The Highway Department
differs in the field of Motor Vehicle Fees and Gasoline Road
Tolls. We feel that ours are the accurate and reasonable con-
Appendix 457
elusions that can logically be drawn. What these do reflect is a
downturn in revenue, and we have restructured the Highway
budget in House Bill 1 accordingly, that it was a downturn
which we handled by revision of the entire budget of $9.6
million in the biennium dealing with the Highway funds.
The major change has been the Motor Vehicle Fees, where
we now have concurrence by the Safety Department that they
were a million two hundred thousand dollars low in the esti-
mates ^vhich we adopted last June, based on the Department's
estimates in the Motor Vehicle Fees. This has been an offset
against the loss of Highway Funds Gasoline Tax Avhich would
enable them to maintain their budget level. One major area of
change actually occurred after we left here July 1st, because
of the change of federal matching with the State, whereby they
are now funding at a 70% level on Primary Road Reconstruc-
tion and Interstate, instead of the old 50-50 in the Primary
Road Reconstruction. This allowed us to reduce Highway's
commitments to those programs by five million dollars in this
budoet.
O
Secondly, we took out 2.8 million dollars of previously
authorized construction and reconstruction, and half a million
dollars of Equipment, to bring their budget into reasonable
balance against available funds. As this report will show you
when you have a chance to examine it, we are projecting that
the estimated surplus in the Highway Fund as of June 30, 1975
will be $1,943,000. The potential charges against that exist only
in the form of the salary bill and the mileage bill, which total
between them $1,300,000, which would leave an estimated sur-
plus of $643,000 at the end of the biennium for the Highway
Fund.
The next one is, of course, the most difficult one, because
it involves so many things, and that is the General Fund. This
report, which will be printed in the Journal, reflects the esti-
mates of revenue as presented by the Appropriations Committee
and approved by the Appropriations Committee, which show
that in 1974 we started the fiscal year with an unappropriated
surplus of 21.2 million dollars. We add revenues for estimated
unrestricted revenue of $126 million and federal revenue shar-
ing of $6.4 million, and deduct the debt service of four million
and the reimbursement to the Towns and Cities of 21 million.
We come up with an estimated revenue available for expendi-
458 House Journal
ture in 1974 of 107 million dollars, 21 million dollar surplus,
or $128 million, and if we take away from that the legislative
specials during the 1973 Session and the Operation Budget,
which was enacted in Chapter 376, it shows that we would end
the year on July 1st of this year, for fiscal 1974, of 20.1 million
dollars as the estimated surplus.
We go to the fiscal year 1975 and do the same exercise
which shows unrestricted revenue of $129 million and federal
revenue sharing of $6.5 million, less the debt service and the
reimbursement to locals, which grows at the rate of 1.1, 1.2 and
1.3 million dollars a year. We would end up with estimated
fimds available for Operating Expenditures of $108,860,000
plus the 20 million dollars surplus, for $129,000,000. Deduct
from that the legislative specials and the operating budgets, and
the surplus that you all have been hearing and discussing that
we were considering when we came into Special Session would
still rest at 13.8 million dollars. From that point forward, this
report would show Avhat proposed spending there is in 1974
fiscal year in House Bills already passed into the Senate, Senate
Bills already passed into the House of $1,175,000 and for 1975
of House Bills passed into the Senate and Senate Bills passed
into the House of $10,797,000. I think we can give you a little
better revision of total on that by going to a fiscal explanation
of the potential surplus expenditures. If \ve started with an
estimated surplus on July 1st of 1975 of the 13.8 million dollars,
deduct from that the AFDC Contingency Fund which was in the
last budget, I am sure you are aware that Governor and Council
authorized expenditure against that footnote of $1,750,000
either last week or the week before, to maintain. That is a firm
commitment against that surplus. There also remains a 21
million dollar liability against that program for the balance of
1975 which we feel has to be taken off that surplus not available
to spend for other purposes.
Deduct further the loss of Department of Resources and
Economic Development revenue for this past season of $650,000.
You get down at that point to 8.4 million dollars. Then if you
deduct less House Bills passed to the Senate of $10,092,000, you,
at that point, in reference to the 13.8 million dollars, will have
overexpended by a million six. Less Senate Bills passed to the
House of $2,880,000, and you get a balance of expenditure level
above the 13.8 million estimated as available of $4,494,000. In
Appendix 459
effect, what you are then permitting if all of these bills passed,
is that much money out of the surplus of lapses and adjustment
for lapses.
I have before me a review of the lapses in 1970, 71, 72 and
73, and these are by Comptroller public statements of $4,863,000
for 1970. These are the lapses and adjustments for lapses. For
1971, which is the second year of the biennium, 5.955 million
dollars. For 1972, a 3,316,000 lapse. For 1973, a 4,970,000 lapse.
Which leads us up to the final position of in previous years and
previous discussions using two and one-half million dollars as
the estimate of lapses which would be the surplus, and at this
point I am perfectly willing to accept and defend on what has
actually been performed by a reviews' of the Salary Adjustment
Fimd. The Salary Adjustment Fund in the last biennium, for
the two-year period, showed a lapse of a million eight hundred
thousand. For the first eight months of this fiscal year the Salary
Adjustment Fund stands at 1.4 million dollars. There has been
a very substantial increase. Fm sin^e you are all aware that this
is primarily connected with the Executive Orders which pre-
vented the spending of money which was previously appropri-
ated for both Equipment and Personnel.
It is my firm opinion that an estimated lapse of five million
dollars for 1974 and four million dollars for 1975 is a completely
justified estimate of availability of fimds through lapses, which
would give for the biennium a nine million dollar lapse figure.
In essence, all the bills and all of the proposed spending would
then reduce this proposed lapse position by one-half, so that if
everything passes as it now stands, there would be an estimated
surplus from lapses of 4.5 million dollars at the end of the
biennium, and the final note of caution I would have to add
because I think that if you do what I have done and do a simple
arithmetic reduction in these pages, 1974 and 1975 fiscal years,
I have to advise you, you can do it yourself, but I think the
factual presentation is there, that in 1975 fiscal year, if all bills
passed, this legislature will be embarked on a spending program
of 20 million dollars in excess of its actual revenue. Regardless
of where the money comes from, from lapses or from surplus,
you will actually be approving spending twenty million dollars
in excess of your actual revenue for 1975.
460 House Journal
HOUSE JOURNAL
SUBJECT INDEX
The index on the pages immediately following refers to bills, joint resolu-
tions, and concuiTent resolutions by number. Other subject matter including
roll calls have references to page number.
The Numerical Index following this index gives the page references to all
action on numbered bills, joint resolutions, and concurrent resolutions.
The abbreviations listed below are used in this Subject Index:
adop adopted
am amended, amendment (s)
res resolution
A
Accounting practitioners, public accountants permitted to form pro-
fessional associations HB 16
Actuary study of cost of living increases for retirement systems SB 18 am
Administrative procedure act, certain regulations of public works and
highways exempt; fish and game department exempt until
June 30, 1975 HB 24 am
Aged
minimum income guaranteed; liens against property repealed HB 26
property tax exemptions
graduated from ages 65 to 80; net income conditions increased SB 2
graduated from ages 70 to 80; net income conditions increased SB 34
Aging, Administration on, federal funding from, study HCR 7
Agricultural fairs, physical improvements, tax portion of pari-mutuel
pools HB 32 am
Agriculture department, standardbred breeders and owners develop-
ment agency SB 10
Ahern, William J., former representative, gavel of, presented 258
Ainley, Rep. Greta M., elected vice-president of OWLS 396
Alcohol and drug abuse program, comprehensive treatment of alcoholics SB 28
Alcoholic beverages, business profits tax exemption when manufactured
out of state and sold to state SB 29
Allard, Rep. Edmond, res on death 234-235
Alton, town of, included in Winnipesaukee River basin pollution con-
trol system HB 33
Alukonis, Rep. Stanley, birthday 85
Appropriations
capital improvements HB 2
supplemental, fiscal 1974 and 1975 HB 1
Attorney general
advisory opinion request re manpower training and other federal
programs, res 248, adop 320
consumer protection division, guidelines for mobile homes, rules and
regulations SB 12
B
Barrus, Rep. George A., guest chaplain 85
Beaulieu, Rev. Joseph Y., chaplain, commendation, res adop 441-442
Bell, Rep. Kenneth G., retirement tribute 440-441
Berlin, city of
election of delegates to constitutional convention, March 12, 1974 SB 14
industiial facilities, revenue bonds may be issued SB 31
Bethlehem
school district cooperative authorized with Lafayette regional school
district; referendum SB 22 am
town of, meeting legalized SB 9 am
Subject Index 461
Bigelow, Rep. L. Waldo, birthday S'l
Bills
automated status system demonstrated 442443
procedures for handling follo^ving final action 421-422
Blind, minimum income guaranteed HB 26
Boats, number plates, changeable effective date designations HB 24
Bunds
housing authorities, interest rate increased HB 20
state, for docking facilities and fishing piers on seacoast SB 17 am
Boucher, Rene, mileage compensation SJR 1
Brentwood, town of, meeting legalized SB 9 am
Budget, capital HB 2
Business profits tax exemption, alcoholic beverages and wine sold to
state SB 29
C
Candidates. See: Elections
Canney, Rep. Ralph W., death, expression of appreciation from Mrs.
Canney 23, res 235
Capital improvements appropriation HB 2
fishing piers and docking facilities on seacoast SB 17 am
Mt. Washington summit SB 7
Capital punishment for capital minder SB 27 am
Chancellor, UNH, appointment HB 21 am
Chaplain. See: Beaulieu, Rev. Joseph Y.
Chester, town of, meeting legalized SB 9 am
Children
and youth, N.H. commission SB 21
dependent, aid to families, supplemental appropriation HB 4
handicapped, education
non-public schools, curriculum approval by state board of education
before expenditures of public money HB 21 am
school districts' tuition payments other than specified HB 29
termination of parental rights, form of notice SB 8 am
Cities
halfway houses for persons under 21, appropriations permitted .... HB 7 am
mass transportation, intergovernmental agreements; optional referen-
dum HB 7 am
oil refineries, local option HB 18 am
planning boards, one member may serve on conservation commission SB 23 am
Claims against N.H., Boucher, Rene SJR 1
Clarksville, highway reclassification study SCR 1
Clerk and assistant, compensation same as in regular session; res adop 8
Cogswell, Rep. Charlotte P., res on death 234-235
Collective bargaining
state employees, representative organizations, non-members, service
fees in lieu of membership dues HB 14
UNH, academic employees included; bargaining units restructured . . . HB 14
Conununity antenna television systems, franchises granted by cities and
towns SB 24 am
Condemnation. See: Eminent domain
Conservation
commissions, one member may serve on planning board SB 23 am
critical lands HB 22
officers, overtime pay HB 40
Consumer protection, mobile homes, rules and regulations, guidelines. ... SB 12
Conway, Rep. Frank T., res on death 235
Cooperative regional planning commissions SB 23 am
Cost of living increases, retired members of state retirement systems;
actuarial study SB 18 am
See Nimierical Index following for action on bills
462 House Journal
Cote, Rep. Margaret S., birthday 229
Criminal code, murder, definitions and penalties SB 27 am
Critical lands commission HB 22
Current use advisory board transferred to revenue administration de-
partment HB 12
D
Dairy products. See: Milk
Death penalty for capital murder SB 27 am
Deer hunting, limitations HB 10
Descent and distribution, passage of testate and intestate property SB 8
Desilets, Rep. Romeo A., res on death 235
Disabled, permanently and totally, minimum income guaranteed; liens
against property repealed HB 26
Dog racing, pari-mutuel pools, commission increased; tax rate amended . . HB 32
Drake, Rep. Arthur M., report and remarks on fiscal condition of the
state 240-246, 455-459
Drugs, abuse. See: Alcohol and drug abuse
Durham, town of, bond issue vote for water system improvements
legalized SB 33
£
Education. See also: Schools
children in institutions, tuition liability of district of parents' resi-
dence on Jan. 1 HB 29 am
handicapped children, non-public schools, curriculum approval by
state board of education before expenditures of public money HB 21 am
higher, public assistance to private institutions, study SB 22 am
Elderly. See: Aged
Elections
candidates, national party conferences, declaration HB 8
political expenditures increased HB 19
political parties. See: Political parties
Electric utilities, termination of services, good cause and notice required SB 19
Emergency diagnostic detention of mentally ill, 30 day limitation HB 30
Eminent domain, railroad properties, acquisition by public utilities
commission HB 31
Energy
administrator HB 5 am
facilities, study HB 34 am
facility evaluation committee, terms and conditions of permits for
constructing oil refineries HB 34
suppliers, policies, study SJR 2
Enfield, town of, meetings legalized SB 9 am
Exeter, town of, meetings legalized SB 9 am
F
Fairs, agricultural, physical improvements, tax portion of pari-mutuel
pools HB 32 am
Federal
credit programs, policies and guidelines re implementation of circu-
lar No. A-70, res adop 438-440
food stamp program HB 3
funding from the Administration on Aging, study HCR 7
manpower training and other federal programs, attorney general
opinion request, res 248, adop 320
Firearms, unloaded, on off highway recreational vehicles HB 27
Firemen's retirement system
cost of living increase SB 18
members may transfer to N.H. retirement system July 1, 1975 HB 35
Fiscal conunittee. See: General court, fiscal committee
Subject Index 4G3
Fish and game
deer, limitations on hunting bucks in particular areas HB 10
licenses, special for pheasants HB 10
regulations, certain ones exempt from publication in newspaper . . HB 24 am
Fishing industry, memorializing congress HCR 3
Flat grant payments under public assistance HB 4 am
Fletcher, Rep. Ernest W., res on death 235
Food stamp program HB 3
Franchises
agreements between gasoline suppliers and dealers regulated SB 20
community antenna television systems granted by cities and towns. . SB 24 am
Franklin Pierce Law Center, degree granting powers; post-secondary
education commission revie^v HB 28
Frost, Robert, day proclaimed in honor of HCR 6
Fuel administrator. See: Energy administrator
G
Gas utilities, termination of services, good cause and notice required .... SB 19
Gasoline service stations. See: Motor vehicles, service stations
Gay, Rep. Charles H., res on death 235
General court
adjournment 452
bills. See: Bills
fiscal committee
members, changes 454
N.H. retirement system, group II, prison employees transferred to,
study SB 15
joint convention, governor's address 9-17
schedule of legislative days HCR 5
special session called 1
Gilford school district, meeting legalized SB 9 am
Goodrich, Rep. Vera E., birthday 249
Gorham, town of, compensation for trenching water pipes, study SCR 2
Governor (Meldrim Thomson, Jr.)
address, opening 9-17
and council, motor vehicles, speed limits, temporary HB 24
vetoes, increasing political expenditures (HB 19) 276-279
Greyhound racing. See: Dog racing
Group homes. See: Halfway houses
H
Hackler, Rep. Jacob M., res on death 235
Halfway houses for persons under 21, cities and towns may appropriate
money for HB 7 am
Hampton Falls school district meeting legalized SB 9 am
Hampton, fishing pier and boating facilities, capital improvements
appropriation SB 17 am
Handicapped children, education
non-public schools, curriculum approval by state board of education
before expenditures of public money HB 21 am
tuition payments other than specified HB 29
Haverhill school district meeting legalized SB 9 am
Highways
classification, Clarksville, study SCR 1
hitchhiking permitted when not on paved portion of highway HB 37
Historic
district commission, planning board member optional SB 23 am
preservation
office and review board, appropriation SB 11
under authority of critical lands commission HB 22
Hitchhiking. See: Soliciting rides
Home for the elderly, N.H. nurses' salaries increased, overtime pay HB 40
See Numerical Index following for action on bills
464 House Journal
Homeowners tax exemption
or elderly exemption, elderly to have option where former has been
adopted SB 34
valuation over $8,000 SB 2 am
Homicide. See: Murder
Horses, standardbred breeders and owners development agency; sire
stakes program SB 10
Hospital, N.H.
correctional psychiatric aides, hazardous duty pay, appropriation . . HB 11 am
employees engaged in patient care, differential pay increase HB 11 am
nurses, salaries increased, overtime pay HB 40
patients or inmates, expense rates based on categories HB 29 am
House of Representatives
bills. See: Bills
informed that Senate has assembled for special session 8
journal. See: Journal, House
meeting, cancellation by speaker in case of hazardous weather conditions ... 8
meeting time 23, 219
members
qualified 2, 200
twenty or more years of service in the general court, res 248-249
mileage. See: Mileage, legislative
sessions recorded on tape, res adop 9
speaker. See: Speaker
Housing authorities, bonds, interest rate increased HB 20
I
Industrial development facilities, Berlin and Keene SB 31 am
Institutions, education of inmates under 21, tuition liability of district
of parents' residence on Jan. 1 HB 29 am
Interstate
cooperation, railroad properties, joint purchase HB 31
transportation agreements between governmental imits HB 7
Intoxication. See: Alcoholism
J
Jackson, Miriam, in memory of HCR 1
Joint conventions. See: General court, joint convention
Journal, House, prepared from tapes, res adop 9
Judges. See: Superior court; Supreme court
K
Keene
city of, industrial facilities, revenue bonds may be issued SB 31 am
state college. See: University of N.H.
L
Laconia
city of, ward lines changed, referendum HB 15
state school
employees engaged in patient care, differential pay increase .... HB 11 am
nurses, salaries increased, overtime pay HB 40
Lafayette regional school district, cooperative authorized with Bethle-
hem school district; referendum SB 22 am
Land, classification of certain areas as critical HB 22
Landlord and tenant. See also: Mobile home parks
standards of fitness violated, actions for rent not maintained; re-
prisals prohibited SB 6
Law enforcement employees, standard work week reduced, overtime pay
increased SB 3
Licen.ses, fish and game. See: Fish and game, licenses
Subject Index 465
London, Roy M., former representative, res on death 235
Londonderry school district, debt limitation increased HB 9
Lovejoy, Rep. Henry M., res on death 235
M
Manpower training and other federal programs, attorney general opin-
ion request, res 248, adop 320
Mentally ill, commitment, detention, and discharge procedures HB 30
Merrimack county, register of probate, assistant for a specific assign-
ment HB 30
Mileage
legislative, report 249-250
state officials and employees, increased to 12 cents HB 17
Milk, sale in 3 quart containers HB 36
Mobile home parks, rules and regulations; tenant furnished with copy SB 12 am
Motor vehicles
driver training in secondary schools, regulation of, director of motor
vehicle replaced by safety commissioner HB 24 am
manufacturers, distributors, and dealers, regulation of business prac-
tices, termination date repealed HB 13
number plates, changeable effective date designation; free replace-
ment after one year of use HB 24 am
privileges free to disabled veterans, unemployable requirement re-
pealed HB 24 am
service stations, franchise agreements between suppliers and dealers
regulated; motor fuel prices posted SB 20
speed limits, temporary, set by governor and council HB 24
trucks, weight, length, and width requirements, study SJR 3
Mt. Washington summit, capital improvements, appropriation SB 7
Murder, definitions and penalties SB 27 am
N
National party conferences, delegates, election, 2nd Tuesday in Sep-
tember HB 8
New Castle, town of, meeting legalized SB 9 am
N.H. network, employees, salary increase HB 1 1 am
Nurses
registered, permitted to form professional associations HB 16 am
state institutions, salaries increased, overtime pay HB 40
O
O'Connor, Father Francis J., assistant chaplain 1
Off highway recreational vehicles, imloaded firearms permitted HB 27
Oil
companies, policies, study SJR 2
454
refineries
in cities and towns, local option HB 18 am
permits from energy facility evaluation committee HB 34
Old age survivors insurance, additional appropriation HB 11
O'Neil, Rep. James E., Sr. See: Speaker
Open space land, classification, appeals to board of taxation or superior
court HB 12
P
Parental rights, termination, form of notice SB 8 am
Pari-mutuel pools, dog racing, commission increased; tax rate amended . . HB 32
Petroleum products
franchise agreements between suppliers and dealers regulated SB 20
refined in state, tax rate HB 34
Pheasant hunting, special license; stamp fee HB 10
Pillsbury, John, former representative, re the life of Robert Frost 233
Pistols, unloaded, permitted on off highway recreational vehicles HB 27
Pittsfield, town of, special meeting legalized SB 9 am
See Numerical Index following for action on bills
466 House Journal
Planning boards. See also: Regional planning
cities, one member may serve on conservation commission SB 23 am
Plymouth state college. See: University of N.H.
Policemen's retirement system
cost of living increase SB 18
members may transfer to N.H. retirement system July 1, 1975 HB 35
Political
expenditures increased HB 19
parties, national conferences, election of delegates 2nd Tuesday in
September HB 8
Pollution control. See: Water supply and pollution control commission
Port authority, capital improvements, appropriation; oil and gas re-
fineries prohibitions SB 17 am
Portsmouth, fishing pier, capital improvements appropriation SB 17 am
Prison, state. See: State prison
Professional associations, public accountants and registered nurses per-
mitted to form HB 16 am
Public assistance. See also: Welfare
to private colleges, study SB 22 am
Public health services, alcoholics, comprehensive treatment SB 28
Public utilities
commission, acquisition and sale of railroad properties, transfer of
power to transportation authority upon approval by general
court HB 31 am
termination of gas and electric service, good cause and notice required SB 19
R
Racing
dogs, pari-mutuel pools, commission increased; tax rate amended HB 32
harness, sire stakes program SB 10
Railroads
acquisition and sale by public utilities commission, transfer of power
to transportation authority upon approval by general court . . HB 31 am
conditions in N.H., study HCR 2
Regional planning commissions, cooperative, study res adop 331-332, 453
Regional Rails Reorganization Act of 1973, railroad properties, public
utilities commission to comply with HB 31
Registers of probate, commitment procedures of mentally ill HB 30
Resources and economic development department, historic preservation
office SB 11
Retirement provisions for supreme and superior court justices SB 26
Retirement system, N.H.
additional appropriation HB 11
cost of living increase; actuarial study HB 18 am
group II
prision employees transferred to SB 15
retirement after 20 years; assessments increased HB 35
Revenue administration department, current use advisory board HB 12
Rochester, city of, police commission abolished, chief appointed by
mayor; referendum HB 23
Roll calls
HB 19, increasing the amount of political expenditures authorized
for candidates in primai7 and general elections seeking the office
of governor, U.S. senator, representative in congress, governor's
councilor, county officer, state senator or representative to the gen-
eral court. Question, pass over governor's veto. Yeas, 146; Nays, 180 310-313
HB 22, establishing a critical lands commission; providing for the
classification of certain land areas of the state as critical and making
an appropriation therefor. Question, substitute inexpedient for
ought to pass with amendment. Yeas, 212; Nays, 117 35-38
HB 34, re energy facility evaluation, siting, construction, and o23Lra
tions and providing a tax on refined petroleum products. Question,
pass with amendment. Yeas, 109; Nays, 233 18r)-188
Subject Index 467
Roll calls (continued)
HB 35, providing for 20 years retirement for members of group II
under the N.H. retirement system, permitting the transfer of mem-
bers of the N.H. firemen's retirement system and of the N.H. police-
men's retirement system into the N.H. retirement system and
making an appropriation therefor. Question, substitute ought to
pass for refer to study committee. Yeas, 229; Nays, 91 158 161
SB 2, to provide fairer real estate taxes for the elderly through a
partial exemption from real estate taxes for persons sixty five years
of age or older under certain circumstances, and compensating cities
and towns for consequent loss of tax base and making an appropria-
tion therefor, and making certain revisions in the homeowners'
exemption law. Question, adopt conference committee report. Yeas,
206; Nays, 83 4\2Al?>
SB 27, to better protect the safety of N.H. citizens and law enforce-
ment officers by changing penalties for homicide in certain circum-
stances. Question, substitute ought to pass with amendment for
ought to pass. Yeas, 201; Nays, 101 302-305
Rowell, Jesse R., fonner representative, res on death 235
Roy, Thomas J., capitol policeman, consideration of disabled house
members, res adop 437-438
Roy, Rep. Vesta M., birthday 288, birth of grandson 396
Rules, House
1973 session continued with amendments, res adop 17-18
rule 28 (b) (notice of reconsideration effective only for next legislative-
day) am adop 18
rule 32 (v) (duties of ways and means committee) am adop 18
rule 38 (bills, how introduced) am adop 18
rule 43 (hearings to be advertised at least one day in calendar) am
adop 18-19
Rules, joint
legalizing action taken by rules committees for scheduling and hold-
ing hearings, res adop 19, Senate concurred 40
rule 23 (conference committee title and subject changes must be
germane to bill as originally submitted) am adop 20, reconsidera-
tion rejected 21
rule 32, neither house shall adjourn for longer than 5 days without
the consent of the other HCR 4
Rye
fishing pier and boating facilities, appropriation of funds remaining
after completion of Hampton facilities SB 17 am
town of, meetings legalized SB 9 am
S
Safety commissioner to replace motor vehicles director in promulgating
regulations for driver training HB 24 am
Salem, town of, meeting legalized SB 9 am
Salisbury, town of, meetings legalized SB 9 am
School districts
cooperative, Lafayette regional and Bethlehem; referendum SB 22 am
handicapped, tuition payments other than specified HB 29
meetings, March 5, 1974, warrant posted on Feb. 19, 1974, legalized . . SB 9 am
tuition liability for institutionalized children, residence of parents on
Jan. 1 HB 29 am
Schools
non-public, handicapped children, curriculum approval by state board
of education before expenditures of public money HB 21 am
safety patrols SCR 3
supervisory unions, federal grant accounts separate from operating
budget HB 21 am
Scribner, Rev. Gerald, guest chaplain 196
Seabrook school district, meeting legalized SB 9 am
See Numerical Index following for action on bills
468 House Journal
Senate, informed that House has assembled for special session 3
Sentences, murder SB 27 am
Sewage disposal systems, rules and regulations, noncompliance, penalties
and forfeitures SB 4
Shirley, Wayne, former representative, res on death 2S5
Sire stakes program SB 10
Smith, Eileen, state house nurse, letter of thanks 17
Soliciting rides when not in paved portion of highway permitted HB 37
Somersworth, city of, elected officials retained until next regular elec-
tion; delegates to constitutional convention elected from wards
established prior to 1973 HB 23
Southard, Rep. Elmer H., res on death 235
Speaker
cancellation of meeting in case of hazardous weather conditions 8
speech delivered at the state university of New York at Albany printed 220-229
Spollett, Rep. Doris M., honorary chairman of Hampstcad board of
selectmen 174, open house for, by town of Hampstead 437
Standardbred breeders and owners development agency SB 10
State employees
collective bargaining, university academic employees included; seiTice
fees for non-members in lieu of membership dues HB 14
executive order's preventing the hiring of new personnel, supreme
court decision printed r)3-60
mileage increased to 12c HB 17
overtime pay HB 6
salaries increased HB 1 1
to fill existing vacancies HB 40
State employees retirement system, cost of living increase SB 18
State officials
certain salaries increased HB 1 1
mileage increased to 12c HB 17
State prison
employees transferred to N.H. retirement system, group II SB 15
personnel, hazardous duty pay, appropriation HB 11
Study commissions, committees, and assignments 451-454
aged, blind, and disabled, minimum income guarantee HB 26
alcohol and drug abuse treatment SB 28
children and youth commission SB 21
Clarksville, highway reclassification SCR 1
collective bargaining for state employees HB 14
education, higher, public assistance to private institutions SB 22 am
energy facilities HB 34 am
federal funding from the Administration on Aging HCR 7
Gorhani, compensation for trenching water pipes SCR 2
motor vehicles, weight, length, and width requirements SjR 3
N.H. retirement system, group II, prison employees transferred to SB 15
oil companies policies SJR 2
political expenditures and contributions SB 1
port authority facilities SB 17 am
railroad conditions in N.H HCR 2
regional planning commissions, cooperative 331-332
unemployment in N.H., reporting date changed HB 25
water supply and pollution control commission HB 33 am
Superior court, justices, retirement benefits SB 26
Supreme court
appeals from decisions of
board of taxation re open space land classification HB 12
energy facility evaluation committee HB 34
decision printed, executive orders preventing the hiring of new state
employees 53-60
justices, retirement benefits SB 26
opinion requested, providing a tax on refined petroleum products re
HB 34 (division II) 188-189, printed 253-258
Subject Index 469
Surviving spouse, passage of testate and intestate property to SB 8 am
Sylvain, Rep. Donald, res on death 235
T
Taxation board, appeals to, on classification for open space land HB 12
Taxes. See also: Business profits tax
exemptions
elderly, cities and towns compensated by state for loss of taxable
valuation SB 2 am
SB 34
elderly, graduated from ages 65 to 80; net income conditions increased SB 2
elderly, graduated from ages 70 to 80; net income conditions in-
creased; option of homeowners' exemption or elderly exemption.. SB 34
homeowners, valuation over $8,000 SB 2 am
pari-mutuel pools, dog racing, rate amended HB 32
petroleum products refined in state HB 34
Teacher's retirement system, cost of living increase SB 18
Television, community antenna, franchises granted by cities and towns SB 24 am
Tenant. See: Landlord and tenant
Thomson, Meldrim, Jr. See: Governor
Town meetings, March 5, 1974, warrant posted on Feb. 19, 1974, legal-
ized SB 9 am
Towns
halfway houses for persons under 21, appropriations permitted HB 7 am
oil refineries, local option HB 18 am
transportation, agreements with other governmental units HB 7
Transportation. See also: Railroads
authority, acquisition and sale of railroad properties, transfer of
power from public utilities commission upon approval by general
court HB 31 am
public, agreements between governmental units HB 7
Trombly, Rep. Hector, res on death 235
U
Unemploymen t
compensation benefits not denied if transportation to place of busi-
ness is not available SB 5 am
in N.H., study, reporting date changed HB 25
Uniform acts, alcoholism and intoxication treatment, adaptation SB 28
University of N.H.
chancellor, appointment of; included as trustee HB 21 am
collective bargaining, academic employees included; bargaining units
restructured HB 14
docking for marine science facilities on seacoast, capital improvements
appropriation SB 17 am
employees, salary increase, appropriation HB 11 am
hockey team, res of congratulations 30
V
Vachon, Rep. Marcel A., res on death 235
Veterans
disabled, unemployable requirement for free motor vehicle privileges
repealed HB 24 am
home, nurses, salaries increased, overtime pay HB 40
Veto. See: Governor
\V
Warner villages fire district, meetings legalized SB 9 am
Water supply and pollution control commission
sewage disposal rules and regulations, noncompliance penalties SB 4
study ■ • ■ HB 33 am
Winnipesaukee River basin, reasonable assessment of municipalities . . HB 33
See Numerical Index following for action on bills
470 House Journal
Weights and measures, milk, sale in 3 quart containers HB 36
Welfare
aid to families with dependent children, consolidated standards except
shelter set by director HB 4 am
division, food stamp program, appropriation HB 3
Wildlife sanctuaries, authority of critical lands commission HB 22
WiUs. See: Descent and distribution
Wilmot, town of, special meeting legalized SB 9
Wines, business profits tax exemption when sold to state SB 29
Winnipesaukee River basin pollution control, proportional assessment
of municipalities HB 33 am
Witness fees and mileage increased SB 3 am
Y
Youth. See also: Children
development center
employees engaged in patient care, differential pay increase . . . HB 11 am
nurses, salaries increased, overtime pay HB 40
Numerical Index 471
HOUSE JOURNAL
NUMERICAL INDEX
This index, arranged by bill and resolution number, gives page numbers
for all action in the House on each numbered bill and resolution. They are listed
in the following order:
HB House Bills
HCR House Concurrent Resolutions
SB Senate Bills
SJR Senate Joint Resolutions
SCR Senate Concurrent Resolutions
To find a bill by its subject, see the Subject Index immediately preceding
this Numerical Index.
All matters not contained in bills or resolutions will be found in the Subject
Index.
The abbreviations listed below arc used in the Numerical Index:
adop
am
adopted
amended, amendment (s)
Approp
referred to Appropriations committee
com
committee
cone
concurred
conf
conference, referred to committee of conference
enr
enrolled
Fiscal com
referred to Fiscal committee
Intro
introduced
IP
K
indefinitely postponed
killed
LT
laid on table
nonconc
nonconcurred
psd
RC
passed
roll call
re
relative to, relating to
recon
reconsideration
rej
rejected
r
report
Senate
S Ct opin req
Study
wthd
Supreme Court opinion requested
referred to a study committee
withdrawn, withdrew
HOUSE BILLS
HB 1 Making supplemental appropriations for expenses of certain departments
of the state for the fiscal years ending June 30, 1974 and June 30, 1975 and
making other biidgetaiy changes. (Drake of Coos 3)
4, am 86-152, recon rej 164, psd 169, nonconc S am, conf 309, 319, 352, rep
adop 387, 388-396, enr 404. sent to governor 422-423 signed 426, 449 (Chapter
40)
HB 2 Making appropriations for capital improvements. (Mann of Hil. 3, Ray-
mond of Ches. 12)
4, am & Approp 63-74, am 202-218, psd 220, nonconc S am, conf 290, 319, rep
adop 358-375, enr 404, sent to governor 423, signed 426-428, 449, com members
appointed 451 (Chapter 38)
HB 3 Re establishment of a food stamp program and making an appropriation
therefor. (D'AUesandro of Hil. 34 et al)
4, Approp 48, am 152-153, recon rej 164, psd 169, S cone 292, enr 293, sent to
governor 348, enacted without signature 352-354, 422 (Chapter 14)
See also Subject Index preceding this index
472 House Journal
HB 4 Providing supplemental grants to families with dependent children and
making an appropriation therefor. (Brungot of Coos 8 et al)
First new title: Providing supplemental grants to families with dependent
children and making an appropriation therefor and authorizing flat grant
payments for categorical assistance.
Second new title: Providing supplemental grants to families with dependent
children and making an appropriation therefor and authorizing consolidated
grant standards for categorical assistance excluding shelter.
4, am & Approp 47-48, am 153-154, recon rej 164, psd 169, nonconc S am, conf
324, 336, rep adop 357-358, enr 403, sent to governor 423, enacted without signa-
ture 429-430, 451 (Chapter 48)
HB 5 Establishing an emergency energy authority and making an appropriation
therefor. (Coutermarsh of Hil. 24, LaRoche of Str. 11)
New title: Re the office of energv administrator.
4, am &: Approp 74-77, am 189-190, psd 195, nonconc S am, conf 308, 318, new
conf 400, 404, 2d new conf 405, conf discharged 407 (K)
HB 6 Providing overtime pay for certain classified state employees, and making
an appropriation therefor. (Noble of Mer. 21)
4, K 24
HB 7 Permitting municipalities to establish, acquire, maintain, and operate
public transportation facilities in cooperation with governmental units of ad-
joining states and permitting broader cooperation in furnishing of municipal
services. (Chambers of Graf. 13 et al)
New title: Permitting municipalities to establish, acquire, maintain, and operate
public transportation facilities in cooperation with governmental units of
adjoining states; permitting broader cooperation in furnishing of municipal
services; and permitting cities and towns to appropriate money for group
homes.
4, am 40-41, psd 51, nonconc S am, conf 252, recon, cone S am 274, enr am
306-307, enr 335, sent to governor 349, signed 447 (Chapter 15)
HB 8 Permitting the election of delegates to national partv conferences. (Hil-
dreth of Bel. 7, Orcutt of Hil. 8)
4, K 28
HB 9 Increasing the debt limit for the Londonderry school district. (Boucher of
Rock. 3)
4, am 24, psd 31, enr 86, S cone 196, signed 291 (Chapter 2)
HB 10 Providing for a special license to hunt pheasants; and authorizing the
director of fish and game to implement a buck law on a county, town, city, or
area basis with the approval of the fish and game commission. (Mavnard of
Rock. 18 et al)
5, K 42, recon rej 50
HB 11 To increase the salaries of state classified employees and non-exempt
employees of the university system and providing differential pay to classified
prison employees and making appropriations therefor. (Coutermarsh of Hil.
24 et al)
First new title: To increase the salaries of state classified employees and em-
ployees of the university system and providing differential pay to classified
prison employees and correctional psychiatric aides at the N.H. state ho.spital
and making appropriations therefor.
Second new title: To increase the salaries of state classified employees and
employees of the university system and providing differential pay to classified
prison employees and correctional psychiatric aides at the N.H. hospital and
making appropriations therefor.
Third new title: To increase the salaries of classified employees and employees
of the university system and the N.H. network and providing differential pay
to classified prison employees and correctional psychiatric aides and providing
nurses' reclassification at the N.H. hospital and Laconia state school and making
appropriations therefor.
Numerical Index 473
5, am Sc Approp 24-26, am 164-168, psd 169, nonconc S am, conf 308-309, 318,
rep adop 397-399, enr am 405-406, enr 407, sent to governor 423, signed 431-432,
remarks 438, signed 450 (Chapter 47)
HB 12 Conforming tax commission references in the current use taxation law to
the revised revenue administration laws. (N'utt of Graf. 13)
5, psd 60-61, 84, S cone 252, enr 253, sent to governor 291, signed 351 (Chapter
<)
HB 13 Repealing the termination date of RSA 357-B (Murray of Bel. 9)
5, psd 61, 84, S cone 313, enr 335, sent to governor 349, signed 447 (Chapter
20)
HB 14 Revising the management-employee relations law for state employment.
(Coutermarsh of Hil. 24)
5, Study 61, 451
HB 15 Re redistricting the ward lines of the city of Laconia. (Huot of Bel. 6,
Hildreth of Bel. 7)
5, am 170-173, psd 195, cone S am 236, enr 253, sent to governor 291, signed
351 (Chapter 8)
HB 16 Permitting public accountants to form a professional association. (Plourde
of Mer. 7)
New title: Permitting public accountants and registered professional nurses to
form professional associations.
5, psd 28-29, 31, cone S am 236, enr 253, sent to governor 291, signed 351 (Chap-
ter 10)
HB 17 Increasing the mileage rate for all state employees using privately owned
passenger vehicles and making an appropriation therefor. (O'Connor of Str. 15,
Hildreth of Bel. 7)
5, am & Approp 26-27, am 154-155, recon rej 164, psd 169, cone S am 309, enr
335, sent to governor 349-350, signed 448 (Chapter 16)
HB 18 Requiring local approval prior to approval of site plans for oil refineries.
(Dudley of Str. 4)
New title: Requiring local option for siting of oil refineries.
5, am 190-191, psd 195, nonconc S am, conf 288, 307, 318-319, rep adop 382-383,
enr 403, sent to governor 423, signed 449 (Chapter 36)
HB 19 Increasing the amount of political expenditures authorized for candidates
in primary and general elections seeking the office of governor, U.S. senator,
representative in congress, governor's councilor, county officer, state senator
or representative to the general court. (McLane of Mer. 16, Chandler of Mer.
3)
5-6, psd 42-43, 51, S cone 233-234, enr 234, sent to governor 250-251, veto message
& SO 276-279, 292, veto sustained (RC) 309-313
HB 20 Increasing the interest rate of housing authority bonds. (Bigelow of Mtr.
3)
6, psd 50, 51, S cone 233, enr 234, sent to governor 251, signed 291 (Chapter 4)
HB 21 Re the duties of the state board of education and prohibiting the ex-
penditure of public moneys in non-public schools unless said schools have
program approval by the department of education. (French of Bel. 1)
New title: Re the duties of the state board of education and prohibiting the
expenditures of public moneys in non-public schools unless said schools have
program approval by the department of education, supervisory union account-
ing of federal funds and establishing the office of chancellor of the university
of N.H. system.
6, am 32-33, psd 51, cone S am 319-320, enr 336, sent to governor 350. signed
418-419. 448 (Chapter 28)
See also Subject Index preceding this index
474 House Journal
HB 22 Establishing a critical lands commission; providing for the classification
of certain land areas of the state as critical and making an appropriation there-
for. (Clafiin of Car. 4 et al)
6, K (RC) 34-38
HB 23 Continuing present city of Somersvvorth's elected officials in office until
next regular election and electing constitutional convention delegates from
old wards; and permitting the city of Rochester to hold a referendum to
abolish the police commission and amend its charter. (Meserve of Str. 7, La-
Roche of Str. 11)
Fust new title: Continuing present city of Somersworth's elected officials in
office until the next regular election and electing constitutional convention
delegates from old wards.
Second new title: Continuing present city of Somersworth's elected officials in
office until the next regular election, and legalizing the election of d^jlegates
to the constitutional convention from the old wards of said city.
6, am & psd 38-39, cone S am 202, enr 234, sent to governor 251, signed 291
(Chapter 5)
HB 24 Permitting the use of changeable effective date designations, such as decals,
on all motor vehicle and boat registration plates; authorizing the governor and
council to establish temporary speed laws; and exempting certain functions re
motor vehicles and highways from the provisions of the administrative pro-
cedures act. (Hamel of Rock. 11, Woods of Rock. 22)
First new title: Permitting the use of changeable effective date designations,
such as decals, on all motor vehicle and boat registration plates; authorizing
the governor and council to establish temporary speed laAvs; exempting certain
functions re motor vehicles and highways from the provisions of the administra-
tive procedures act; and exempting the department of fish and game from pro-
cedural requirements of their rule making under Title XV'III, until June 30,
1975.
Second new title: Permitting the use of changeable effective date designations,
such as decals, on all motor vehicle and boat registration plates; authorizing
the governor and council to establish temporary speed laAvs; exempting certain
functions relative to motor vehicles and highways from the provisions of the
administrative procedures act; exempting the department of fish and game from
procedural requirements of their rule making under Title XVIII, until June 30,
1975; and providing certain free motor vehicle privileges to disabled veterans.
6, am 77-81, psd 84-85, nonconc S am, conf 324-325, 341, rep adop 407-410, 411,
enr 415, sent to governor 423, signed 449 (Chapter 45)
HB 25 Changing the reporting date for the study commission on the problems
of unemployed citizens in N.H. (Hildreth of Bel. 7 Simard of Rock. 9)
6, psd 61, 84, S cone 252, enr 253, sent to governor 291, signed 351, com mem-
bers appointed 451 (Chapter 9)
HB 26 Re guaranteeing a minimum adequate income for the elderly, blind, and
disabled, and making an appropriation therefor. (Spirou of Hil. 27, Plourde of
Mer. 7)
6-7, Study 61-62, com members appointed 451
HB 27 Re carrying a loaded pistol on an OHRV, as defined in RSA 269-C. (Gor-
man of Rock. 4)
New title: Re amending certain provisions of the off highway recreational
vehicle law, RSA 269-C.
7, am 81-84. psd 85, S cone 288, enr 306, sent to governor 348, signed 352, 422
(Chapter 12)
HB 28 Authorizing Franklin Pierce College to grant the degree of juris doctor.
(French of Bel. 1)
7, am 29-30, psd 31, enr 86, S cone 196, signed 291 (Chapter 3)
HB 29 Re tuition payments for the definitions of handicapped persons under
the age of 21 and amending the appropriation for same. (French of Bel. 1)
First new title: Re tuition payments for the definitions of handicapped persons
under the age of 21 and amending the appropriation for same and educational
expenses in public institutions.
Numerical Index 475
Second new title: Re tuition payments for handicapped children; amending the
appropriation for same; defining a handicapped child as a person up to the
age of 21; and providing for educational and other expenses in public institu-
tions.
7, am & Approp 33-34, am 62-63, psd 84, nonconc S am, conf 308, 318, rep adop
355, 356-357, enr 403-404, sent to governor 423, signed 449 (Chapter 37)
HB 30 Re the civil commitment procedures in the probate courts and detention
and discharge procedures for the mentally ill. (Roberts of Bel. 4, Currier of Hil.
15)
7, psd 41-42, 51 cone S am 293, enr 306, recalled, nonconc S am, conf 340, rep
adop 400-402, 403, enr 407, sent to governor 423, signed 449 (Chapter 46)
HB 31 Authorizing the public utilities commission to acquire, as agent of the
state, such railroad properties within the state deemed to be necessary for
continued and future railroad operation for the benefit of the public, and
making an appropriation therefor. (Hoar of Rock. 8 ct al)
New title: Authorizing the public utilities commission to acquire, as agent of
the state, such railroad properties within the state deemed to be necessary for
continued and future railroad operation for the benefit of the public and
authorizing bonding therefor; provided that if the 1975 general comt by vote
of both houses prior to March 13, 1975 evidences its approval the foregoing
authority shall on that date be transferred to the N.H. transportation authority
and the public utilities commission's authority shall be terminated.
7, am & Approp 48-50, am 162-164, psd 169, nonconc S am, conf 328, 340, 352,
rep adop 383-387, 388, enr 406-407, sent to governor 423-424, enacted without
signature 432-433, 435-436, 451 (Chapter 49)
HB 32 Re the commission and taxes on pari mutuel pools at dog tracks. (Couter-
marsh of Hil. 24)
7, am 191-193, psd 195, S cone 288, enr 306, sent to governor 348, signed 354-355,
422 (Chapter 13)
HB 33 Re the Winnipesaukee River Basin Control. (Roberts of Bel. 43)
First new title: Re the Winnipesaukee River Basin Control; and providing for
continuation of the study committee on the water supply and pollution control
commission.
Second new title: Re the Winnipesaukee River Basin Control; and providing
for continuation of the study committee on water supply and pollution control
commission.
7, am & Approp 43-46, am 155-158, recon rej 164, psd 169, nonconc S am, conf
293, 319, rep adop 381-382, enr 406, sent to governor 424, signed 449, com mem-
bers appointed 451-452 (Chapter 41)
HB 34 Re energy facility evaluation, siting, construction, and operations and
providing for a tax on refined petroleum products. (Roberts of Bel. 4, Couter-
marsh of Hil. 24)
New title: Re energy facility evaluation, siting, construction, and operations;
providing for a tax on refined petroleum products; and establishing an energy
facility study committee.
7, (division I) am (RC) 174-188, (division II) S Ct opin req 188-189, (division I)
psd 195, S Ct opin req 218-219, printed 253-258, nonconc S am, conf 326, 340-341,
rep adop 376-381, enr 404, sent to governor 424, signed 428-429, 449, com mem-
bers appointed 452 (Chapter 39)
HB 35 Providing for 20 years retirement for members of group II under the N.H.
retirement system, permitting the transfer of members of the N.H. firemen's
retirement system and of the N.H. policemen's retirement system into the
N.H. retirement system and making an appropriation therefor. (Coutermarsh
of Hil. 24, Roberts of Bel. 4)
7-8, am (RC) 158-162, psd 169, nonconc S am, conf 289-290, 319, rep adop
375-376, enr 403, sent to governor 424 (Chapter 33)
See also Subject Index preceding this index
470 House Journal
HB 36 Permitting the sale of milk in three quart containers. (Campbell of Rock.
86, psd 193-194, 195, S cone 313, enr 335, sent to governor 350, signed 448
(Chapter 21)
HB 37 To provide for the repeal of the law tending to prohibit hitchhiking.
(Parker of Hil. 17)
86, psd 194, S cone 313, enr 335, sent to governor 350, enacted without signa-
ture 416-417, 451 (Chapter 31)
HB 38 (Not introduced)
HB 39 Re the homeowners' exemption law. (Read of Rock. 4)
not introduced 446
HB 40 Providing for additional pay and overtime pay for nurses at N.H. hos-
pital, Laconia state school and training center, the N.H. youth development
center, the N.H. home for the elderly, and the N.H. veterans' home, and mak-
ing an appropriation therefor; and making an appropriation for overtime pay
for conservation officers.
New title: Providing for additional pay and overtime for nurses at N.H. hos-
pital, Laconia state school and training center, the N.H. youth development
center, the N.H. home for the elderly, and the N.H. veterans' home, and
making an appropriation therefor; and making an appropriation for overtime
pay for conservation officers; and providing for increases in classified salaries
for recruitment.
Intro, am, & psd 444-445, S cone 446, enr 447, signed 450 (Chapter 52)
HOUSE CONCURRENT RESOLUTIONS
HCR 1 Memorializing Miriam Jackson. (Milne of Hill. 25)
intro & adop 27, S cone 32, letter from Patrick Jackson 52
HCR 2 Establishing a joint committee to study the railroad conditions and re-
lated matters in the state of N.H. (Milne of Hil. 25)
27-28, adop 173, recon wthd 194, adop 195, cone S am 235-236, com members
appointed 452
HCR 3 Re the protection of the N.H. fishing industry. (Tirrell of Str. 4)
28, adop 173, 195, S cone 230
HCR 4 Re rule no. 32 — neither house shall adjourn for longer than 5 days
without the consent of the other. (Newall of Mer. 16)
50, com changed 84
HCR 5 Establishing a schedule of legislative days for the remainder of the
special session,
intro & adop 219-220, S cone 230
HCR 6 Proclaiming March 26, 1974 as "Robert Frost Day."
intro & adop 231-232, 233, S cone 234
HCR 7 Establishing a joint committee to study federal funding from the Ad-
ministration on Aging.
intro & adop 293 294, S cone 307, com members appointed 452
SENATE BILLS
SB 1 Providing for open and honest political campaigns in N.H. by requiring
greater accountability and full disclosure of campaign contributions and ex-
penditures; and protecting party loyalty by disqualifying defeated primary
candidates from being nominated by petition under certain circumstances.
198, Study 333, recon rej 339-340, com 453
SB 2 To provide fairer real estate taxes for the elderly through a partial exemp-
tion from real estate taxes for persons sixty-five years of age or older, under
certain circumstances, and compensating cities and towns for consequent loss
Numerical Index 477
of tax base and making an appropriation therefor, and making certain revi-
sions in the homeowners' exemption law.
197, am & Approp 279-288, am & psd 345-347, S rionconc, conf 347-348, rep
adop (RC) 411-415, enr 415, sent to governor 424 (vetoed)
SB 3 Changing the compensation of certain state law enforcement employees
and fees of witnesses.
169-170, Approp 261, psd 321, 323, enr 336, sent to governor 350, signed 417-
418, 448 (Chapter 29)
SB 4 Re penalties and forfeitures for noncompliance with sewage and waste dis-
posal rules and regulations of the water supply and pollution control com-
mission.
170, am 268-269, psd 289, S cone 307, enr 335, sent to governor 350, signed 448
(Chapter 17)
SB 5 Providing that a person cannot be denied unemployment compensation
benefits if he refuses a job too distant from his home.
40, IP 261-263
SB 6 Re landlord-tenant relations.
197, K 238-239
SB 7 Re capital improvements to the Mt. Washington summit and making an
appropriation therefor.
198, Approp 247-248, am 314-315, psd 318, S cone 334, enr 347, sent to governor
422, signed 448 (Chapter 30)
SB 8 Re the distribution of testate property following waiver of a will by sur-
viving spouse and re the form of notice given for termination of parental
rights.
170, am 272-274, psd 289, S cone 307, enr 335, sent to governor 350, signed 448
(Chapter 18)
SB 9 Legalizing special town meetings in Wilmot and Pittsfield; and the Sea-
brook school district meeting.
New title: Legalizing: certain special town meetings in Wilmot, Pittsfield, En-
field, Salisbury, and Salem; 1974 annual town meetings in Rye, New Castle,
Exeter, Salisbury, Enfield, Brentwood, Chester, and Bethlehem; the Seabrook,
Gilford, and Haverhill school district meetings; the special Hampton Falls
school district meeting: the Warner village fire district proceedings; and the
February 19, 1974 postings of March 5, 1974 town and school meetings.
197, am 326-327, psd 334, S nonconc, conf 341-342, rep adop 400, 403, enr 406,
sent to governor 424, signed 450 (Chapter 43)
SB 10 Establishing a sire stakes program and a standardbred breeders and own-
ers development agency.
New title: Establishing a sire stakes program and a standardbred breeders and
owners development agency, and making an appropriation therefor.
197, am & Approp 236-238, am 315-317, psd 318, S nonconc, conf 342, rep adop
388, 399, enr 406, sent to governor 424, signed 450 (Chapter 42)
SB 11 Establishing a state historic preservation office and making an appropria-
tion therefor.
198, Approp 261, psd 321-322, 324, enr 336, sent to governor 350, enacted with-
out signature 451 (Chapter 32)
SB 12 To further protect the rights of mobile home owners by requiring the
consumer protection division of the attorney general's office to promulgate
guidelines as to what constitutes reasonable rules and regulations for mobile
parks and by requiring that tenants be given copies of such rules and regula-
tions.
See also Subject Index preceding this index
478 House Journal
New, title: To further protect the rights of mobile home owners by requiring
that mobile home park owners and operators state the rules and regulations
of the park in writing and provide all tenants with copies of the rules and to
encourage the construction of mobile home parks by not prohibiting the so-
called "first sale" restriction in a new park.
197, am 263-266, psd 289, S cone 307, enr 335, sent to governor 350, signed 420,
448 (Chapter 19)
SB 13 Establishing a combined horse and dog racing commission.
Study 453
SB 14 Re election of delegates to the constitutional convention from Berlin.
20, psd 21, enr 22, signed 291 (Chapter 1)
SB 15 Transferring permanent state prison employees from group I of the N.H.
retirement system to group II or from the state employees' retirement system
to group II, and making an appropriation therefor.
170, Approp 231, Fiscal com 336-337, 453
SB 16 Expanding the definition of "industrial facility" under the industrial de-
velopment authority to include post-secondary educational facilities
Study 453
SB 17 Re the N.H. port authority, the construction of fishing facilities at Ports-
mouth, Hampton and Rye harbors, and the location of marine science docking
and related facilities for the university of N.H. and making an appropriation
therefor.
197, am & Approp 266-268, am & psd 342-345, S nonconc, conf 349, rep adop
383, 396-397, enr 406, sent to governor 424, enacted without signature 432-434,
451 (Chapter 50)
SB 18 Providing additional cost of living increases for retired members of the
N.H. teachers' retirement system, the N.H. policemen's retirement system, the
N.H. firemen's retirement system, the N.H. retirement system and the state
employees' retirement system, and making an appropriation therefor; providing
for compensatory contributions for interrupted service; and providing for an
actuarial study of prefunding to be paid out of escrowed funds derived from
an interest assumption change.
197-198, Approp 238, psd 337-339, enr 387, sent to governor 425, signed 428,
450 (Chapter 35)
SB 19 Specifying procedures for termination of residential gas or electric services.
198, 201, am 247, psd 249, S cone 252, enr 253, sent to governor 291, signed 351
(Chapter 11)
SB 20 Providing for regulation of franchise agreements for the sale of gasoline.
New title: Providing for regulation of franchise agreements for the sale of gaso-
line and requiring the posting of motor fuel prices.
199, 201, am 295-296, psd 313, S cone 319, enr 336, sent to governor 350, signed
448 (Chapter 24)
SB 21 Establishing a commission on children and youth.
199,201, Study 321,453
SB 22 Establishing a study committee to develop a plan to provide public assist-
ance to private institutions of higher learning in this state.
New title: Establishing a study committee to develop a plan to provide public
assistance to private institutions of higher learning in this state and relating to
the Lafayette regional school district and Bethlehem school district.
198, 201, am 258-260, psd 289, S cone 307, enr 336, sent to governor 350, signed
448, com members appointed 453 (Chapter 22)
SB 23 Re the membership of municipal planning boards and providing for the
creation of cooperative regional planning commissions.
New title: Re the membership of municipal planning boards, conservation
commissions, and historic district commissions.
198, 201, am 328-332, psd 334, S nonconc, conf 341, 352, rep adop 402-403, 404,
enr 406, sent to governor 425, signed 450 (Chapter 44)
Numerical Index 479
SB 24 Authorizing cities and towns to giant franchises for cable television sys-
tems.
198, 201, am 269-271, psd 289, S cone 307, enr 336, sent to governor 350, signed
448 (Chapter 23)
SB 26 Providing for retirement benefits for supreme and superior court justices.
198, 201, Approp 231, am 320, psd & S cone 334, enr 347, signed 419, sent to
governor 422, signed 448 (Chapter 25)
SB 27 To better protect the safety of N.H. citizens and law enforcement officers
by changing penalties for homicide in certain circumstances.
198, 201, am (RC) 296-306, psd 313, S nonconc, conf 355 356, 404-405, rep adop
411, enr 415, sent to governor 425 (Chapter 34)
SB 28 To establish standards of care and treatment of alcoholics, intoxicated
persons, and drug dependent people.
199, 201, Study 332-333, 453
SB 29 Exempting enterprises selling spirits and wines to the state of N.H. from
the business profits tax.
199, 201, K 274-276
SB 31 Authorizing the cities of Berlin and Keene to acquire, develop, and oper-
ate industrial parks within each such city and to aid the construction and ex-
pansion of industrial facilities within each such city by the issue of revenue
bonds.
276, 294-295, psd 323, 324, enr am 334-335, enr 347, sent to governor 422, signed
449 (Chapter 26)
SB 33 Legalizing the authorization of bonds by the town of Durham,
intro & psd 436-437, enr 443, signed 450 (Chapter 51)
SB 34 To provide fairer real estate taxes for the elderly through a partial exemp-
tion from real estate taxes for persons seventy years of age or older, under
certain circumstances, and compensating cities and towns for consequent loss
of tax base and making an appropriation therefor, and providing for an elec-
tion between the homeowners' exemption and the elderly exemption,
intro &: LT 447
SENATE JOINT RESOLUTIONS
SJR 1 Compensating Rene Boucher for mileage while serving on the committee
of voter registration and checklists.
170, psd 230, 233, enr 234, sent to governor 251, signed 291 (Chapter 6)
SJR 2 Establishing an interim committee to study oil companies and other en-
ergy suppliers.
199, 201, K 271-272, recon notice 290-291
SJR 3 Establishing a committee to study highway safety and motor vehicle
weight, length, and vvidth requirements.
252, am 325-326, psd &: S cone 334, enr 347, sent to governor 422, signed 449,
com members appointed 454 (Chapter 27)
SENATE CONCURRENT RESOLUTIONS
SCR 1 Refcning the question of the reclassification of a certain highway in the
town of Clarksville to a joint legislative committee.
197, adop 322, com 454
SCR 2 Referring the question of compensation for the town of Gorham to a
joint legislative committee.
197, adop 322-323, com 454
SCR 3 Re school safety patrol.
intro & adop 252
See also Subject Index preceding this index